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(영문) 서울북부지방법원 2013.11.20 2013고단849

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. In around 05:35 on January 26, 2013, the Defendant: (a) received a report from 3 Dju points located in Nam-gu Incheon Metropolitan City, and received a report from 05:35, and subsequently recommended the Defendant to return home to the Defendant by the slope victim H belonging to the Incheon Southern Police Station G District of the Incheon Southern Police Station, which was called, the Defendant insultingd the Defendant. The Defendant, among the victims of E and F, “twe, this son, the name of the width, the name of the width, and the death of the width. A violent crime must be raised; (b) The Defendant openly insulting the victim by speaking as a large interest.

2. On January 26, 2013, the obstruction of performance of official duties and the Defendant injured the Defendant committed assault, such as assaulting the Defendant who was arrested as a flagrant offender at the Criminal Department of the Incheon Southern Police Station Office located in Nam-dong, Incheon, Nam-gu, Incheon, to take the face of the Defendant who was arrested as a flagrant offender due to the above insult, etc. into the criminal community, and she took the face of the Defendant, she added the face, and walking the H’s chest her chest with the view to walking the her chest, and thereby obstructing the Defendant’s legitimate performance of duties, and at the same time, she was unable to accurately identify the number of days of treatment to the victim H.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, which leads to a crime of this case, all of the crimes of this case are recognized, and the form, result, etc. of this case

1. Article 62-2 (1) of the Criminal Act regarding community service order;