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(영문) 수원지방법원 성남지원 2017.10.20 2017고단1756

상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 14, 2017, the Defendant: (a) around 00:30, the Defendant: (b) at the E amusement drinking point in Seongbuk-gu, Sungnam-gu, Sungnam-si, the victim D, without any justifiable reason, destroyed the alcohol residues on which the table is set up, and (c) caused other customers to go off with an uneasiness, such as paying for the time, without any reason.

Accordingly, the Defendant interfered with the victim's main business by force.

2. 공무집행 방해, 상해 피고인은 제 1 항과 같은 일시, 장소에서 112 신고를 받고 현장에 출동한 성남 중원 경찰서 F 지구대 소속 순경인 피해자 G(31 세) 와 경위 H이 112 신고 내용을 확인하던 중 위 경찰관들에게 다가가 욕설을 하면서 오른손으로 피해자의 멱살을 잡고, 피해자가 이를 제지하자 다시 오른 주먹으로 피해자의 가슴을 1회 때리고, 피고인을 현행 범인으로 체포하려는 H의 음낭을 발로 1회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties by police officers in relation to the handling of 112 reports, and at the same time, the Defendant saw the victim as a vegetable whole wall that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. All on-site photographs;

1. Each investigation report (in relation to the submission of a medical certificate of injury, hearing of witnesses' statements) and the application of each statute of limitations;

1. Article 257 (1) of the Criminal Act in relation to the facts constituting an offense (the point of injury), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 314 (1) of the Criminal Act (the point of obstructing duties);

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

1. Selection of each sentence of imprisonment;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed by the defendant at the main point.