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(영문) 창원지방법원 2019.03.06 2018고단3582

상해등

Text

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.

Reasons

Punishment of the crime

1. On November 13, 2018, the injured Defendant d (22 years of age) and shouldered in the front of the “C” cafeteria located in the window B apartment shopping mall at Changwon-si, Changwon-si. On the ground that the victim d (22 years of age) and shouldered, the victim d's face and back of the victim d' is considered to be "h", and the victim d's face and back head are considered to be "h". On the other hand, the victim d'C, entered the above "C" restaurant, and moved the head of the victim d', leading the victim to the outside of the restaurant, leading the victim d's face, leading the victim d's face to the outside of the restaurant, and sprinked the victim at the left side and sprinked.

2. 공무집행방해ㆍ상해 피고인은 2018. 11. 13. 22:30경 창원시 의창구 E에 있는 창원서부경찰서 F파출소에서, 제1항 기재와 같은 이유로 현행범인 체포된 후 “아무런 잘못이 없는데 왜 수갑을 채웠냐”는 등으로 소리를 지르고 욕설을 하다가 발로 위 F파출소 소속 경위인 피해자 G(52세)의 오른쪽 다리 부위를 2회 찼다.

As a result, the Defendant interfered with the legitimate performance of duties by police officers working at night in a lawsuit due to violence, and at the same time, the Defendant inflicted on the victim about two weeks of medical treatment, such as the right sludge.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G, D, and H;

1. On-site reports (on-site inspection and CCTV verification), CDs, investigation reports (station images), and capse photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 257 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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. Article 62 (1) of the Criminal Act;

1. The Defendant’s age, character and conduct, and the contents of the Defendant’s violence used on the grounds of sentencing under Article 62-2 of the Social Service Order Act.