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(영문) 서울남부지방법원 2017.12.12 2017고단2779

상해등

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 7, 2017, at around 22:00, the injured Defendant discovered the victim who was the victim E (49 years of age) of the victim E (the victim) who was the customer of the victim without paying food at the D cafeteria located in Yeongdeungpo-gu Seoul Metropolitan City, from May 7, 2017. On the other hand, when the victim E (49 years of age) went out of the restaurant, and went out of the restaurant, and went out of the above restaurant, while continuing to escape the disturbance, found the victim who was under the Presidential Decree of the Republic of Korea, and then walked the victim's right eye at one time to the right side of the victim so that the victim cannot know the number of days of treatment.

2. Around 22:15 on the same day, the Defendant: (a) arrested as a flagrant offender of the crime of injury by a slope G belonging to the Seoul Yeongdeungpo-gu Police Station F of the Seoul Yeongdeungpo-gu Police Station, and by the Gyeong-gu Police Station H, who was dispatched to the scene after receiving a report at the above location at around 22:12 on the same day; and (b) assaulted the Defendant at one time to walk the left eye of the Gyeong-gu Police Station H

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H and E;

1. A written statement of I;

1. Application of the Acts and subordinate statutes to the victim E-victim photographs;

1. Relevant Article 257(1) of the Criminal Act and Article 136(1) of theo Criminal Act (the selection of an injury, imprisonment, or imprisonment) concerning facts constituting an offense (the obstruction of performance of public duties and the selection of a sentence to imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 186 of the Criminal Procedure Act provides that the degree of violence inflicted by the defendant on the grounds of sentencing is not less than that of Article 186 of the Criminal Procedure Act, and it is inappropriate to consider the fact that the defendant continues to commit similar crimes.

However, the fact that the defendant suffers from hearing disability, the victim E does not want the punishment of the defendant, and the defendant is also subject to punishment for the victims immediately after the crime is committed.