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(영문) 인천지방법원 2015.09.09 2015고단4420

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 14, 2015, from around 23:00 to 23:25, the Defendant obstructed the victim’s convenience store business by force for about 25 minutes by avoiding disturbance, such as inducing the victim D (the age of 22) to settle the shortage of goods from the E convenience store where the victim D (the age of 22) working in the Nam-gu Incheon Metropolitan City is located.

2. On July 14, 2015, around 23:25, the obstruction of performance of official duties and the Defendant injured the victim G (32 years of age) who was a policeman belonging to the F District Unit of the Incheon Southern-dong Police Station (F District 32 years of age) who was called upon at the convenience store as indicated in paragraph (1) and was reported to the effect that he interfered with the business of visitors, and was unable to bring the Defendant to the employees of the convenience store as described in paragraph (1), thereby putting the victim’s bridge on the part of the victim, and putting the victim’s breath, thereby damaging the victim’s breath in excess of the floor, thereby causing the victim’s injury, such as bra

Ultimately, the defendant interfered with the legitimate execution of duties of police officers concerning the maintenance of public order and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Application of Acts and subordinate statutes to each damaged photograph, photograph of suspect image images, and diagnostic documents;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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;

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

1. The scope of the sentencing guidelines set forth in subparagraph 1 of Article 1 (In the case of obstruction of performance of official duties, the scope of the sentencing guidelines set forth in Article 1 (Assaults) shall be limited to category 1 (In the case of obstruction of duties, the scope of recommendations) and category 1 (In the case of obstruction of duties, the scope of recommendations).