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(영문) 서울동부지방법원 2015.06.18 2015고단879

상해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 March 10, 2015, the Defendant: (a) around 23:25, the Seodaemun-gu Seoul Western-ro, Seodaemun-gu, Seoul, and around 5-4, the Defendant: (b) sent the victim C (54 years of age) who was at the patrol to the 17 Seoul Meet Park Jong-ro, and carried out a flabing with the victim C (54 years of age) who was at the patrol, without any justifiable reason; (c) sent the victim’s left face at one time to the victim and carried out a flabing with the flab; and (d) placed the victim on the face of the victim for about three weeks of treatment.

2. On March 10, 2015, the Defendant: (a) around 23:30 on March 10, 2015, 2015, the Defendant: (b) took care of the members of the service center in front of the entrance without any justifiable reason; and (c) breaking the partitions installed in front of the entrance into a hand, thereby damaging the table glass equivalent to KRW 150,000, the market price on which the victim’s note is located on the table.

3. On March 10, 2015, the Defendant interfered with the performance of official duties, at the same place as the foregoing paragraph (2) on March 10, 2015, and at the same time, at the Seoul Western Police Station’s living safety and one team guard E (49 years old) dispatched to the scene after receiving a report 112, listen to the statements of the victim regarding the Defendant’s crime as referred to in the foregoing paragraphs (1) and (2) and confirmed the relevant CCTV video recording data, and subsequently, tried to arrest the Defendant as a flagrant offender, such as assault and damage of property, damage of property, etc., and took a bath to the police officer, and interfered with the legitimate performance of duties by the police officer on arrest of flagrant offenders and 112 patrol duty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A copy of a written estimate and a written diagnosis of injury;

1. Application of Acts and subordinate statutes on partitionss and photographs damaged and tables glass;

1. Relevant provisions of the Criminal Act and Articles 257 (1), 366 and 136 (1) of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. As to the Defendant’s assertion under Article 62(1) of the Criminal Act, the Defendant shall be drunk at the time of committing the instant crime.