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(영문) 서울서부지방법원 2016.12.22 2016고단3363

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 25, 2016, around 00:35, the Defendant: (a) expressed a desire to “this sprinke” the victim D(33 years of age)’s face value on the front side of Seodaemun-gu Seoul, Seodaemun-gu, Seoul; and (b) 112 reported that the subject of drinking water flows out on the sidewalk block; and (c) shouldered himself to D(33 years of age) belonging to the police officer assigned to the Seodaemun-gu Seoul Western Police Station C District; and (d) took a bath to the victim D’s face value on one occasion by drinking.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on the maintenance of public peace and order, and at the same time, damaged the crypity of coin in need of medical treatment for about two weeks, and was on the straw.

2. Around 00:40 on August 25, 2016, the Defendant publicly insultingd the victim E by referring to the following: (a) around 00:40, at the place described in paragraph (1); (b) around 112, an assistant E belonging to the Seoul Western Police Station C District, who was called upon 112, was in the way of drinking to the 119 first responder; and (c) the request for the examination by the police officer D and 119 first respond to the defect; and (d) the victim E was in the position of the 119 first responder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint;

1. Application of Acts and subordinate statutes to photographs of a medical certificate of injury, scene, and damaged part;

1. Relevant Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act, and Article 311 of the Criminal Act, which provides applicable Article on criminal facts, the choice of punishment, etc.

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

1. Selection of each sentence of imprisonment;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the Act on the Suspension of Execution are as follows: (a) the basic area (in April to January to June) (special mitigation (special mitigation) / the obstruction of performance of official duties) of Article 62(1) of the Act on the Suspension of Execution.