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(영문) 서울서부지방법원 2014.10.02 2014고단1002

상해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Around 02:05 on January 18, 2014, at the frequency of “E” located in Mapo-gu Seoul Mapo-gu Seoul, the Defendant found the bank that the Defendant opened in the said restaurant, “I will not bring about the victim’s f face”, “I will not bring about the victim’s fat,” “I will live out of the victim’s fat,” and fat away out of the said frequency, the Defendant was faced with the victim’s head’s f face, and fat down the fat, booming the fat of the victim’s G, bating the fat, bating the fat, bating the victim’s h’s chest, and bating the victim’s h’s chest.

As a result, the Defendant assaulted the victim G and H, and inflicted injury on the victim F, such as a non-alley felb that requires approximately six weeks of medical treatment.

2. The Defendant interfered with the performance of official duties: (a) arrested the Defendant in the act of committing a crime; and (b) thereby interfered with the J’s handling of 112 reports by the police officer and the lawful execution of duties on the arrest of the police officer, etc., on the ground that the police officer of the Seoul Mapo Police Station I police box, etc., who was called out after receiving 112 reports at the time and place specified in paragraph (1).

3. 모욕 피고인은 같은 날 02:50경 서울 마포구 L에 있는 I파출소에서 위와 같이 현행범으로 체포되어 조사대기 중 F 등이 보는 가운데, 피해자 K에게 “쓰레기 같은 새끼, 뭘 봐 개새끼 씹할 놈아, 저 씹할 놈, 조까 새끼, 너는 내가 확실히 죽인다.” 등의 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

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

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes governing injuries and on-site photographs;

1. Articles 257 (1), 260 (1), 136 (1) and 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (with respect to the obstruction of performance of official duties)

1. Selection of each sentence of imprisonment;

1. There is no criminal offense against the defendant beyond a fine under Article 62(1) of the Criminal Act, and injury;