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(영문) 서울동부지방법원 2015.08.21 2015고단1806

상해등

Text

A defendant shall be punished by imprisonment for not less than eight 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. 피해자 C에 대한 상해 및 공무집행방해 피고인은 2015. 6. 29. 22:18경 서울 광진구 D에 있는 ‘E’ 앞 길에서 술을 마시고 소란을 피우다가 신고를 받고 출동한 서울광진경찰서 F파출소 소속 경장인 피해자 C과 그곳을 지나가던 G으로부터 귀가하라는 말을 듣자 화가 나 주먹으로 위 G의 얼굴을 수회 때리고, 이에 피해자 C으로부터 현행범인으로 체포되자 피해자 C에게 “씨발새끼야, 내가 뭘 잘못했는데 차에 태우느냐, 여기서 해결하자고 씨발놈들아”라고 욕설을 하면서 손으로 피해자 C의 목을 잡아 비틀고 오른쪽 팔을 할퀴었다.

As a result, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of the crime by the victim, who is a police officer, and at the same time, the victim failed to receive medical treatment days.

2. On June 30, 2015, around 00:17, the Defendant used a toilet at the Seoul Minejin Police Station I office located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City (hereinafter “Seoul Minejin Police Station”) around 00:17, and the Defendant had the victim H’s face, a reduced person belonging to the Seoul Mine Police Station, waiting for the Defendant to flee outside the toilet, was able to take twice as his hand.

As a result, the defendant interfered with legitimate execution of duties concerning the prevention and investigation of crimes by the victim, who is a police officer, and at the same time, the victim failed to receive treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect examination of G police officers;

1. Statement to C by the police;

1. A H statement;

1. Application of the Acts and subordinate statutes governing the body photographs of victims and CCTV images;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of punishment;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.