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(영문) 전주지방법원 군산지원 2019.05.13 2019고단11

상해등

Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

1. 상해 피고인은 2018. 12. 24. 02:30경 익산시 B에 있는 C 앞에서, 위 나이트클럽 종업원인 피해자 D가 술에 취한 피고인의 입장을 제지하면서 귀가를 권유하였다는 이유로, 욕설을 하면서 피해자의 머리부위를 손바닥으로 2회 때려 그곳 바닥에 넘어지게 하고, 계속해서 쓰러진 피해자의 등 부위를 발로 1회 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as brain-dead, which requires treatment for about two weeks.

2. On December 24, 2018, the Defendant of the obstruction of performance of official duties: (a) voluntarily operated as a police officer who was called to the foregoing age club as the peace zone; and (b) appealed from E Hospital to the E Hospital; and (c) on the same day, at around 03:16 on the same day, the Defendant: (a) the police officer, who was called upon receiving a report on the disturbance, sent the disturbance to the E Hospital; and (b) the G District police officer, who was called upon receiving the report on the disturbance, took a bath in order to hear the circumstances of the case against the Defendant; and (c) continuously took a 119 emergency vehicle, and continuously took a h on the part of the Defendant, “I am dead, dead, fluor, bitch, bitch bitch bitch, bitch bitch bitch, bitch bitch, bitch bitch, bitch bitch, bitch bitch bitch f, son, son, son, and Ha.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning I, H, J, and D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Obstruction of Performance of Official Duties) (Determination of Punishment).