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(영문) 서울남부지방법원 2015.12.18 2015고단4217

폭행등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. 폭행 및 상해 피고인은 2015. 9. 29. 02:20경 서울 영등포구 C에 있는 D 편의점 앞길에서, 피고인의 남동생 E이 술에 취하여 그곳에서 술을 마시고 있던 피해자 F(28세), 피해자 G(37세)와 다투게 되자 아무런 이유 없이 피해자 G의 뒤통수를 주먹으로 1회 때려 폭행하고, 피해자 F의 얼굴 왼쪽 부위를 주먹으로 3회 때려 피해자 F에게 치료 기간을 알 수 없는 살갗이 벗겨지는 상해를 가하였다.

2. The Defendant assaulted the Defendant, at the same time, at the same place as the above Paragraph 1 of the same Article, that he f and G as above, walked the alley, cut off the alley, laid off a restaurant signboard on the floor, and took the restaurant signboard on the floor, and was called up after receiving 112 report, and expressed a desire to ask questions about the developments of the assault from the slope I belonging to the Seoul Young Military Police Station H District Unit, and then I am out the I’s neck toward the left part.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, investigation, and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning I statement of the police suspect interrogation protocol against the defendant

1. Statement of the police statement regarding F (including the G statement);

1. Application of Acts and subordinate statutes to the victim F of an injury by victim F, and to the violence-related photographs of a damaged police officer;

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of recommendations according to the sentencing criteria;

(a) No basic area (4-1 year-6 months) (special person) of Type 1 (in the case of violence) (in the case of general injury) (in the case of general injury) (the scope of recommending punishment) shall be limited to the category 1 (in the case of general injury).