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(영문) 서울남부지방법원 2012.10.22 2012고단3436

상해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On September 14, 2012, at the main point of “E” operated by the victim D in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, the Defendant expressed a bath to the victim, “this Chewing baby” after drinking alcohol at the main point of “E”, and then the victim demanded calculation of the drinking value. The victim’s hand floor was blicked with the victim’s head, blicked with the victim’s head, and blicked the victim’s chest, knee and kneeed on the victim’s chest, and blicked the victim’s neck with both hands, and inflicted a bodily injury, such as the victim’s mouth on the days of treatment, flick and chest pressure pressure.

2. On September 14, 2012, around 03:10 on September 14, 2012, the Defendant: (a) arrested a flagrant offender in front of the Yangcheon-gu Seoul Police Station for committing an offense as stipulated in the above paragraph (1) and demanded the police officers to board the patrol vehicle to move from the police station in order to the criminal charge of the Seoul Gyeyang-gu Police Station; (b) carried out a breath and bath, and opened the door of the patrol vehicle; (c) carried the Defendant’s door to the door of the patrol vehicle; and (d) carried the victim Fabbbbbbb in front of the patrol vehicle; and (d) interfered with the legitimate execution of duties concerning the arrest of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement concerning G, H, I, and D;

1. Certificates of medical treatment;

1. Investigation report (or medical doctor's opinions at a hospital for treatment of victims);

1. Application of each statute on photographs;

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 (Concurrent crimes between the crimes of obstruction of performance of official duties and the crimes of injury under paragraph (2));

1. Selection of each sentence of imprisonment;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are several occasions, such as obstruction of performance of official duties, fraud, violation of the Punishment of Violences, etc. Act, injury, and unlawful uttering of official document.