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(영문) 의정부지방법원 고양지원 2018.09.14 2017고단3052

상해등

Text

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

Reasons

Punishment of the crime

1. On September 10, 2017, the Defendant: (a) around 05:40 on the roads prior to the filing of the lawsuit for the settlement of the charge for the parking lot of the C Bank located in Gyeyang-gu, Seoyang-gu; and (b) on the roads in front of the lawsuit for the settlement of the charge for the parking lot of the C Bank located in Seoyang-gu, Seoyang-gu; (c) continuously collected 10/100 of the market price owned by the victim D without any particular reason, and continuously collected 3/3 of the market price owned by the victim F, in front of the G operated by the victim F, Seoyang-gu, Seoyang-gu, Seoyang-gu; (d) then, (e) broken up 2 of the 10,000 won of the market price owned by the victim H by the victim F with the loss

Accordingly, the defendant damaged the victims' property.

2. Around 06:00 on September 10, 2017, the Defendant: (a) was arrested, as a current offender, the victim J(45 years of age) of the Gyeongyang Police Station, and two other persons from the Gyeongyang Police Station, who were called up with 112 reports in front of the traffic safety center located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 113, on the road; and (b) the Defendant inflicted an injury on the victim, for about 30 seconds of the right knee of the victim who was seated in the next seat without any particular reason, while moving to the 1st district.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports, and at the same time injured the victim.

Summary of Evidence

1. Each police statement to J or K;

1. Each statement of F, D, and H;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment against a person who interferes with the performance of public duties and the punishment between the crimes of bodily injury shall be imposed on a person who is more severe);

1. Selection of each sentence of imprisonment;

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

1. The scope of applicable sentences under law: Imprisonment with prison labor for a period of one month to ten years and six months.