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(영문) 서울남부지방법원 2016.11.23 2016고단3684

상해등

Text

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

Reasons

Punishment of the crime

At around 16:50 on August 5, 2016, the Defendant was subject to the control on the ground that the Defendant, at the Guro-gu Seoul Metropolitan Government Guro-ro 175 street, controlled traffic violations without permission by the background D belonging to the Seoul Guro Police Station C.

The defendant notified D of the notification of the violation of the Road Traffic Act by D and tried to enter D's personal information in PDA as D's personal information was to enter D's foreigner registration certificate into the PDA, and the victim D(the age of 47) was in need of medical care for about two weeks by making the victim D(the age of 47)'s own drinking, when the victim's snow on the left side of the police officer's drinking one time in order to get the victim's escape.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written diagnosis of injury;

1. Damage photographs;

1. The application of the Acts and subordinate statutes (eight copies of a photograph ofCCTV image output);

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. When the defendant's reason for sentencing selection of the sentence of imprisonment without prison labor was controlled without permission, the crime of this case, which caused an injury to the police officer by drinking the snow part of the control police officer, is considerably heavy.

Even after arrest, the circumstances after the commission of the crime are considerably poor, such as denying the crime and consistent with the defense for the defendant.

The defendant has not yet been able to recover from damage.

It is inevitable to strictly punish the defendant.

The punishment shall be determined as per the order, considering the circumstances favorable to the defendant, such as the fact that the defendant is allowed to make a mistake late.