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(영문) 수원지방법원 2020.06.12 2020고단129

상해등

Text

A defendant shall be punished by imprisonment for six 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. At around 22:00 on December 28, 2019, the injured Defendant: (a) took a bath to the victim D (the 51 year old), who is a business owner, without any justifiable reason while he/she was taking an order of alcoholic beverages in 'C cafeteria B'; (b) taken the victim's neck into his/her hand and cut the victim's neck over the pushed-up floor; and (c) taken the victim's head head debt to fright up on the floor; (d) taken the victim's head debt to fright up on the floor; and (e) taken the victim's head head head back to frighten the victim's head head head, and walked the victim's head for about 14 days.

2. 공무집행방해 피고인은 2019. 12. 28. 22:49경 ‘손님이 때린다’라는 내용의 112 신고를 받고 제1항 기재 장소에 출동한 E파출소 소속 경위 F, 경사 G으로부터 현행범인 체포되어 순찰차를 타고 화성서부경찰서 E파출소로 호송되던 중 F, G에게 “너희 딸과 가족들 모두 가만두지 않겠다. 다 죽여버리겠다. 니네 나 잘못 건드렸다.”라고 협박하고, E파출소에 인치된 후 머리로 G의 가슴을 1회 밀치고, 발로 G의 정강이를 걷어차고, 발로 F의 다리를 수회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties, such as reporting and handling duties by police officers.

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, D, and H;

1. On-site photographs, photographs of damaged parts, etc.;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D);

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

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant assaulted the victim D without any justifiable reason, thereby inflicting bodily injury on the police officers; and (b) intimidation the police officers in a serious language.