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(영문) 청주지방법원 충주지원 2014.06.13 2013고단685

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 16, 2013, the Defendant: (a) around 23:30 on September 16, 2013, when the Victim G (year 42) and drinking alcohol are taken to the victim’s face while drinking together without any justifiable reason, the Defendant sent approximately two weeks of treatment to the victim; and (b) on the part of the victim, the Defendant was an internal autopsy.

2. The Defendant damaged the property by making two hand at a time and place as referred to in the above Paragraph (1) by separating the table table and the pole from that of the victim H’s market price stiffics next to the victim H.

3. On September 17, 2013, at the same place as Paragraph (1) and paragraph (2) of the same Article, the Defendant obstructed legitimate execution of duties in relation to the arrest of flagrant offenders by the slope J on one occasion, while arrested flagrant offenders on the first floor and being on the ground from the underground level, by assaulting the slope J on one occasion.

4. 모욕 피고인은 2013. 9. 17. 00:30경 충북 음성군 M에 있는 충북음성경찰서 I지구대에서 위 G, H 등과 같이 있던 중 피해자 L에게 "개새끼야 개씨발 새끼야, 야 씨발새끼야 녹음해 개새끼야 내가 끝까지 갈꺼야 개새끼들아, 좆까구 모르겠고 개씨발 좆같은 새끼야 지랄하고 자빠졌네 씹새끼 니 마누라가 불쌍하다, 꼴깝은 니가 떨어라 개새끼, 씨발좆같네 법이 좆같네 씹새끼들아."라고 큰 소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and L;

1. Each police statement of G, H, J, and L;

1. A medical certificate of injury in the preparation of N;

1. Application of L/L statute;

1. Relevant provisions of the Criminal Act and Articles 257 (1), 366, 136 (1) and 311 of the Criminal Act concerning the choice of punishment for the crime: The choice of imprisonment with prison labor; and

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.