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(영문) 서울남부지방법원 2018.10.18 2018고단3759

상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 06:00 on July 12, 2018, the Defendant injured the victim’s face at 4-5 times by drinking the victim’s face, asking the right shoulder, etc. on the street in front of the “D’s singing room” located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and inflicted injury on the victim’s number of days of treatment.

2. The Defendant obstructed the performance of official duties, at the time and place set forth in paragraph 1, and at the place set forth in paragraph 1, committed assault, such as the defect that the police box G, who was called out after receiving a report of 112, attempted to restrain the said victim from assaulting the said victim by the police box G, the elbow G's chest part of the elbow G, the elbow bow, the chest part of the chest by the hand hand, and the 2-3 son of both rivers.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and G;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Class 2 Crimes (Bodily Injury) [Scope of Recommendation] General Bodily Injury (General Bodily Injury) (from April to January 1), the basic area (no special sentencing person exists).

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years; and

1. Determination of sentence (the choice of sentence, suspension of execution, etc.), the means and contents of each crime, degree of damage, the recovery of damage, the accused has three previous offenses of violence, the age, sex, environment, etc. of the accused;