beta
(영문) 서울동부지방법원 2016.12.08 2016고단3688

특수상해등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

1. On October 20, 2016, Defendant A’s special injury: (a) around 01:30, the “F” located in Gwangjin-gu Seoul Special Metropolitan City, and (b) the victim G heard to have talked with one’s daily activities, and determined that the victim G took a bath for the Defendant; (c) the victim was suffering from beer disease, which is an object dangerous to the victim’s threshold, and (d) the said victim got a bed with bed for about three weeks of medical treatment.

2. The Defendants’ co-principal committed an act in collusion with the Defendants, at the date, time, place, and at the scene of the above paragraph (1) above, and at the scene of the 112 report, and the police officers of the Seoul Mine Police Station, who were dispatched to the scene, confirmed the suspicion of special injury by Defendant A, and attempted to arrest Defendant A as an offender in the act of committing an act of assaulting the above I’s flaps, and Defendant B committed an act of assaulting the above I’s flaps, and interfered with the police officer’s 112 report processing duties and the arrest of a flagrant offender.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement made to G and I;

1. Written Statement;

1. Investigation reports (Attachment of photographs of damage), investigation reports (Submission of a victim's G injury diagnosis report);

1. Application of Act and subordinate statutes in Chapter 1 of On-Site video CDs;

1. Defendant A of the pertinent legal provision on criminal facts: Articles 258-2 (1), 257 (1), 136 (1), and 30 of the Criminal Act (the point of obstructing performance of official duties): Articles 136 (1) and 30 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Of the facts charged against Defendant B, the summary of this part of the facts charged as to the dismissal of prosecution as to Article 62(1) of the Criminal Act (not in the preceding sentence, and not in the victim’s punishment) is the victim G who is punished for dispute with Defendant B, at the date and place of the facts charged as indicated in the judgment of Defendant B, and at the same time and place.