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(영문) 수원지방법원 여주지원 2014.10.17 2014고단641

상해등

Text

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

Reasons

Punishment of the crime

At around 18:40 on August 27, 2014, the Defendant assaulted C (5 years of age) who was a child playing a alcohol with the scambling at the playground of the 837 pact elementary school, and took an inquiry of the circumstances of the instant case from E during the course of the police box of the Yangyang-gu Police Station called the victim who was dispatched by the assault report, he saw the victim to be asked about the circumstances of the instant case from E., the victim, who was the victim, who was the victim of the assaulted. The Defendant expressed the victim’s cambling at one time, and took the victim’s entrance by drinking the victim’s shoulder at the right right edge and right part of the victim’s shoulder, thereby causing the victim’s injury, such as “unexcible scam and open cambling part of the mouth part” in the days of treatment.

As a result, the defendant interfered with legitimate execution of official duties of police officers, and at the same time injured police officers who are victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, F, and E;

1. Certificates of medical treatment;

1. Application of Acts and subordinate statutes to photographs taken by the injured party;

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 (limited to a punishment heavier than that of an injury) of the Commercial Concurrent Crimes Act;

1. The Defendant’s crime of this case, on the ground of the sentencing of selective sentence of imprisonment, is committed with the emphasis on the state’s public authority, and in itself, has a high social need to strictize the crime, and there was a past record of the suspended sentence as the same military force, and the degree of injury to the police of the victim is not minor, a sentence of a certain period of imprisonment shall be imposed.

Provided, That the same punishment as the order shall be determined in consideration of the fact that the defendant made efforts to recover damage by the victim and the fact that he/she is a disability of class 6 of the brain disease.