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(영문) 전주지방법원 2018.05.16 2018고단393

특수상해등

Text

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

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

Reasons

Punishment of the crime

1. Around 00:20 on January 10, 2018, the Defendant: (a) threatened the victim F (23) who is an employee of the victim F (3) with a brick, which is a dangerous object under the influence of alcohol, at the “E” point of the victim D’s operation “E” located in the former North Korea-gun; (b) threatened the victim F (23) with a brick, who is an employee, of the dangerous object under the influence of alcohol; (c) faced with the beer residues, which is a dangerous object on the table; (d) broken the beer disease, which is a dangerous object in the table, and (e) shouldered the beer’s disease, which is a dangerous object in the table, to the victim G (24 years) who is another employee, with the number of days of treatment; and (e) continuously broken the entrance at the entrance of the door at a level of 50,000 won per the market price.

2. On January 10, 2018, around 00:45, the Defendant: (a) voluntarily accompanied to a police box of the former North Korean Police Station H of the North Korean Police Station on the charge of the foregoing charges; (b) and (c) caused the Defendant to have the relevant police box carried out by hand; and (d) caused the Defendant to have the 140,000 won of the repair cost of the relevant police box; and (c) said, the Defendant was to have the left hand of the police box that belongs to the said police box.

Accordingly, the defendant damaged the articles used by public offices, and interfered with legitimate execution of duties by police officers on criminal investigation and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, F, D, and J;

1. One copy of a written estimate of glass, and the application of each field photograph-related statute;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260(1) (the point of special assault, the choice of imprisonment), 258-2(1), 257(1) (the point of special bodily injury) of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act (the point of destroying property, the choice of imprisonment with prison labor), Article 141(1) of the Criminal Act (the choice of imprisonment with prison labor), Article 141(1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment with prison labor), the choice of punishment for the crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the heavier special injury);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Circumstances that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act are as follows.