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(영문) 서울북부지방법원 2014.12.12 2014고단3474

상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 15, 2014, the Defendant: (a) 00:50 on August 15, 2014, when he was drunk on the road in front of the Gangseo-gu Seoul Northern District, and was demanded from the victim D (the age of 22) to take a fright of the victim’s front window, spiting the victim’s fright, and frighting the victim’s fright, and frighting the victim’s frighting from the victim; (b) the Defendant frighted the victim’s fright and frighted the victim’s ear with his left hand, led the victim to an external heat that requires approximately two-day medical treatment.

2. The Defendant committed an act of obstruction of performance of official duties, on the date, time, place, etc. specified in paragraph (1) and on the same ground as stated in paragraph (1), arrested the Defendant as an offender in the act of committing an act of violation from F to the superintendent of the police station affiliated with the Seoul Gangnam Police Station E-gu Seoul Northern Police Station, and subsequently assaulted F to have the Defendant board the patrol vehicle, i.e., to have the right face of F knife the Defendant’

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in flagrant crimes and the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Relevant Articles 257 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the suspended sentence is above the extent of Article 62(1) of the Criminal Act (i.e., that the defendant repents his mistake, that the defendant appears to be a contingent crime committed under the influence of alcohol, that the victims do not want the punishment against the defendant, and that there