beta
(영문) 인천지방법원 부천지원 2015.01.22 2014고단2974

상해등

Text

A defendant shall be punished by imprisonment for not more than ten 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. 상해 피고인은 2014. 11. 3. 02:25경 부천시 오정구 B에 있는 ‘C’술집에서, 옆 테이블에 앉아 있던 피해자 D(55세)가 술에 취하여 피고인에게 시비를 걸자 주먹으로 피해자 D의 얼굴을 수회 때려 넘어뜨린 다음 발로 피해자 D의 몸을 걷어 차고, 계속하여 이를 말리던 피해자 E(55세)의 얼굴을 주먹으로 수회 때려 넘어뜨린 다음 발로 피해자 E의 배 부위를 수회 걷어찼다.

As a result, the defendant suffered injury to the victim D, such as eyebrow, which requires about three weeks of treatment, and injury to the victim E, such as eyebrow, which requires about five weeks of treatment.

2. On November 3, 2014, around 02:40 on and around November 3, 2014, the Defendant obstructed a police officer’s legitimate execution of duties regarding the arrest of a flagrant offender due to the suspicion of injury, etc. committed by the police officers G and H belonging to the F District Group of the Oran Police Station, the Defendant, who received 112 reports, and was arrested in the act of committing an act of injury, etc. by the police officers G belonging to the Oran Police Station F District, and H, who were dispatched to the Republic of Korea upon receipt of 112 reports, in his/her hand,

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. A written statement of I;

1. Application of Acts and subordinate statutes to each photograph, police box, service log, each internal investigation report, investigation report (such as victim's statement, etc.), and each injury diagnosis report;

1. Relevant Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations;

A. Basic crime: The sentencing criteria for the obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommending punishment] (the scope of recommending punishment), 6 months to 1 year and 4 months (basic area).