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(영문) 광주지방법원 순천지원 2015.03.06 2015고단39

상해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On August 28, 2013, the Defendant was sentenced to three years of suspension of execution on September 5, 2013 to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) in the order of the Gwangju District Court.

【Criminal Facts】

1. 상해 피고인은 2015. 1. 6. 17:10경 전남 보성군 C에 있는 마을후배인 D의 집 마루에서, 마을이장인 피해자 E(57세)가 위 D와 함께 술을 마시고 있는 것을 보고 피해자에게 “마을일을 못하고, 이장일도 못한다.”라고 말하면서 손으로 피해자의 멱살을 잡고 이마로 피해자의 입술 부위를 1회 들이받은 다음 손으로 피해자의 얼굴과 목을 수회 때리면서 피해자와 함께 위 집 마당으로 나간 뒤 발로 피해자의 낭심을 1회 걷어찼다.

As a result, the defendant suffered injury to the victim, who is in need of approximately four weeks of medical treatment.

2. On January 6, 2015, the Defendant: (a) inflicted an injury on E at the house of D, a village village located in Bosung-gun, Masung-gun, Masung-gun, as described in paragraph (1) at around 17:25 on the same day; (b) and (c) committed an assault on the face of the said G at one time, by a slope of the police box affiliated with the Bosung-gun Police Station, dispatched upon receipt of a report at around 17:25 on the same day.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and D;

1. On-site and victim photographs;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders, the first crime (Obstruction of Performance of Official Duties) (Scope of Recommendation) shall be the obstruction of performance of official duties.