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(영문) 광주지방법원 2018.02.07 2017고단5710

상해등

Text

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

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 8, 2017, at the “C” store located in Songpa-gu Seoul Metropolitan Government B, the injured Defendant drinking alcohol together with his/her drinking, and went through a trial with his/her body of the victim D (43 tax) who performed drinking at another customer, and went through a dispute with his/her face, and went through a dispute with the victim’s face while drinking, the injured Defendant puted the victim with approximately 3 to 4 weeks of treatment and the floor shut down.

2. The Defendant interfered with the performance of official duties was requested to present an identification card to verify his identity by the police officer assigned to the Seoul Song-gu Police Station E (Seoul) Police Station, who was dispatched after receiving a report from 112 on the same grounds as the date and time set forth in paragraph 1, at the place set forth in paragraph 1, but was asked to refuse it and take a bath to check his identity.

The death will be discarded.

It is not easy that the internal organ will be examined and friendly with G.

B. At all times, the police officer's legitimate execution of official duties concerning the handling of the 112 reported case was obstructed by assaulting the police officer's knife F't with the knife by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A written statement of F and D;

1. Investigation reports (verification, etc. of closed circuits) and closed circuits outputs attached thereto;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs taken in distress;

1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, Articles 257(1) and 136(1) (a) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment, respectively;

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 suspended execution;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Category 1 (Determination of Type) (Determination of the Place of Recommendation), mitigated area (Determination of the Place of Recommendation), 2 months to one year; and

(b) the second crime in its holding (a type).