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(영문) 인천지방법원 2018.08.13 2018고단2300

상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On December 7, 2017, around 00:15, the injured Defendant: (a) removed a victim E (e.g., 23 years old) who was drinking alcohol on other tables from the D main points located in the Nam-gu Incheon Metropolitan City underground 1st floor; (b) removed the victim who was drinking the alcohol on other tables; and (c) incurred an injury to blood transfusion by preventing the victim from being able to undergo approximately two weeks of treatment, in light of the victim’s eye.

2. On December 7, 2017, the Defendant interfered with the performance of official duties, on the top of the first floor of the building located in the building located in the Namdong-gu Incheon Metropolitan City D main office, received a report from the Defendant, and arrested the Defendant as the current offender of the assault by the police officer of the police station located in the Incheon Nam-dong Police Station, Incheon, and demanded from the police officer of the police station located in the above Incheon, to take a patrol car at the scene, and thereby interfered with the police officer’s legitimate execution of duties concerning the handling of the reported case by assaulting twice the 112 police officer on the second floor of the building located in the Namdong-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 262, 260 (1), 257 (1) (a) and 257 of the Criminal Act concerning the choice of punishment (the point of causing violence or bodily injury, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties, and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

1. The sentencing guidelines set forth in Category 1 Crimes (Assaults) [Scope of Recommendation] No. 2 Crimes (Interference with the performance of official duties) in the basic area (four months to two years) of the Act on the Punishment of Violence (Bodily Injury by Violence) / [Scope of Recommendation] No. 1 (Interference with the Performance of Official Duties)] of the basic area (6 months to one year and six months) of the Act on the Punishment of Specific Crimes (No. 6 months to one year and six months) [No. 6 months] of the Act on the Punishment of Specific Crimes: The final sentencing range based on the aggravation of multiple crimes.