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(영문) 부산지방법원 2018.09.19 2017고단5335

상해등

Text

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

Reasons

Punishment of the crime

At around 10:30 on July 10, 2017, the Defendant: (a) was exposed to a free-fluenced vehicle to the victim D (47 years old) who caused the service and was subject to a disposition of a fine for negligence in Busan City Railroad C Station (C) located in Busan Dong-gu, Busan; (b) had the victim expressed his desire to “to ring the dog, handle the dog in the manner of mind, do so, and die,” and (c) had the victim sleeped his flaps, walking the flab, walking the victim’s bridge, walking the victim’s bridge, walking the victim’s bridge, and was in possession, at least twice the victim’s bridge.

As a result, the Defendant interfered with legitimate execution of duties related to the crackdown on illegal boarding by railroad workers, and at the same time, the Defendant got a multi-lateral typology that requires medical treatment for about 10 days to the victims.

Summary of Evidence

1. Statement made by the police against the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act (the point of injury), Article 78 (1) and Article 49 (2) of the Railroad Safety Act (the point of obstructing the performance of duties by railroad workers) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious bodily injury);

1. The Defendant, on the ground of the sentencing of selective sentence of imprisonment with prison labor, attempted to drive without prison labor again at 30 minutes only after the vehicle was controlled, and committed the instant crime.

The circumstances leading to the crime and the nature of the crime are poor, and the defendant unilaterally exercised the violence but was assaulted by the victim.

Considering the adverse circumstances after the crime, such as assertion, etc., the court shall decide as ordered in light of all the circumstances, such as the defendant's age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, etc.