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(영문) 수원지방법원 평택지원 2017.08.09 2017고단1097

상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 19, 2017, at around 21:05, the Defendant: (a) on the road in front of the Tong-dong public parking lot located in Pyeongtaek-si 1:61, the Defendant: (b) on May 19, 2017; (c) on the road in front of the Dong-dong public parking lot in Pyeongtaek-si 1:12, who was reported that Dong-gu was under the influence of alcohol, and was called out by the Defendant, who was used on the road in the state of drinking, and was able to board the vehicle, and (d) on the part of the Victim C (34) on the part of the Defendant, without any justifiable reason, laid down the victim’s right-side part of the victim C at approximately 10 seconds.

As a result, the defendant interfered with the legitimate execution of duties by the police officer on the protection of the life, body and property of the people, and at the same time, the victim suffered an injury to the right side of the defendant in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs and investigative reports (Submission of a medical certificate);

1. Article 136 (1) and Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Unfavorable circumstances: A fact that inflicts an injury on a police officer in the course of performing his/her duties, which does not correspond to the nature of the crime;

2. Consideration favorable circumstances: Points that make a confession, reflectivity, initial crime, degree of injury, etc. minor;

3. The above circumstances and all of the sentencing conditions stated in the records of this case are determined as ordered in consideration of the above circumstances.