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(영문) 수원지방법원 2016.11.30 2016고단4708

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 of the final judgment.

Reasons

Punishment of the crime

1. At around 05:30 on June 19, 2016, the Defendant: (a) 1: (b) on the street in front of C, D, and victim E (the age of 26) in Suwon-si, the Defendant 201: (c) fluordd the victim’s face one time under the blue blue, on the ground that the Defendant fluor is bad for the victim to walk, and (d) fluord the left buckbbbing, and fluoring the shoulder by asking the victim for about two weeks of treatment.

2. At around 06:00 on June 19, 2016, the Defendant damaged goods for public use, on the street in front of the F bus stops in Suwon-si, Suwon-si, a 112-report, the Defendant damaged goods used by a public office for the repair cost of KRW 280,000,00, by hearing the statement that “a male would not want punishment” from I who is a woman living together with the Defendant and requesting the Defendant to return home.

3. The Defendant, at the time and place indicated in paragraph 2 of the Act on the Obstruction of Performance of Official Duties, received twice the face of the above H on the ground of the foregoing reasons, and pushed the Defendant’s body.

Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of H and E;

1. A written statement of I;

1. Application of Acts and subordinate statutes to photographs, specifications of maintenance, and written diagnosis of injury;

1. Article 257 (1), Article 136 (1), and Article 141 (1) of the Criminal Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act has no basic area (6 to 1.6 months) of the first type of crime (abstinence of execution of official duties) for the reason of sentencing, and there is no basic area (abstinence of official duties) for the invalidation and destruction of public goods.