폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) was under the influence of alcohol and had weak ability to discern things or make decisions. At around 02:30 on August 9, 2014, the Defendant was in the room 3 of the “Dju shop” located in Yansan-gu Seoul Special Metropolitan City on August 9, 2014, the Defendant was in the part of the victim E (the age of 34) who was the alumni in middle school and drinking as a matter of a liability relationship, and was in the part of the victim’s inner part by taking advantage of the victim’s inner part, and was in the part of the victim’s inner part.
Accordingly, the defendant, while carrying dangerous objects, inflicted bodily injury on the victim, such as the right side eye, sacrine transfusion, etc. which requires medical treatment for about three weeks.
2. On August 9, 2014, around 02:40, the Defendant’s outline of obstruction of performance of official duties.
At the main point, after receiving the report of the occurrence of the assault, such as the statement of Paragraph 1, the police officer of the Jeonjunsan Police Station, who was called out, prevented G from carrying the defendant's behavior to the above E, and assaulted the above patrol officer by taking her bath to the above patrol officer, after taking her part in his/her mouth, G on one occasion.
Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of the police officer's assault case.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to G and E;
1. Application of Acts and subordinate statutes of each investigation report (the submission of a medical certificate and witness's statement);
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstruction of performance of duties, the choice of imprisonment with labor
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for the mitigation of mental illness and injury [a person of mental illness and injury caused by drinking in relation to a crime in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The crime of inflicting an injury by carrying a deadly weapon under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.