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(영문) 광주지방법원 2014.04.23 2014고단468

상해등

Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On October 13, 2013, the Defendant: (a) 04:50 on October 13, 2013, 2013; (b) went beyond the victim D (n, 28 years of age) who was under the influence of alcohol before the “Cju store” located in Gwangju-gu, Gwangju-gu; (c) caused the face of the victim several times of the victim to be dives and intested, and damaged part of the cot in which the victim suffered KRW 445,00,00, the market price of which was 445,000.

2. The Defendant was arrested as a flagrant offender at the time, place, and 112 reported to the police officers, and was on duty during the patrol session. However, while the police officers were investigating witnesses at the scene, the witness E attempted to take out of the patrol platform while leaving the patrol platform, and the police officers attempted to take out of the patrol platform, and the face of the said G was removed by G in the circumstances where the police force of the Gwangju Dong Police Station was affiliated with the F District Unit of the Gwangju Dong Police Station, the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of the reported case by assaulting the police officer on three occasions, such as: (a) raising three times the face of the said G; and (b) taking off the police uniform of the said G police uniform.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police officer's statement concerning G and D;

1. Descriptions of a medical certificate;

1. Application of Acts and subordinate statutes on the image of coart photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of injuring the judgment: Article 257 (1) of the Criminal Act;

(b) The point of causing property damage in judgment: Article 366 of the Criminal Act;

(b) The point of obstructing the performance of official duties: Article 136(1) of the Criminal Act (Selection of Imprisonment)

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

1. Article 62 (1) of the Criminal Act (Taking into account the fact that agreement has been reached with the victim D);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 (1) of the Act on Probation, etc.;

1. Scope of punishment sentenced;

(a) Category 1 (General Bodily Inflicting) (Special Bodily Inflicting) of ordinary bodily injury in the course of violence (determination of type) - mitigated elements;