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(영문) 인천지방법원 2018.08.23 2018고단5110

상해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On May 19, 2017, the Defendant was sentenced to one year of imprisonment for the obstruction of the performance of official duties and for the crime of violence at the Incheon District Court, and completed the execution of the above sentence on March 27, 2018.

[Criminal facts]

1. On July 8, 2018, around 01:47, the Defendant was unable to pay the victim E (53 years) taxi charges on the front side of the D pharmacy located in Michuhol-gu Incheon Metropolitan City, and the Defendant demanded the victim to pay the taxi charges. When the victim was able to demand the taxi charges, the Defendant was able to take once the victim’s face face part in his arms in the above taxi and once the victim’s head part in a drinking, and then the victim was able to get the Defendant from the damaged taxi.

As a result, the victim's left side side side of the bridge was driven once, and the victim's face side was taken once by a sloping hand, and approximately two weeks of treatment was placed on the right side side of the victim.

2. On July 8, 2018, at around 02:30, the Defendant: (a) arrested a flagrant offender for the same reason as that of paragraph (1) at the sublim parking lot of the sublime located in 24, Seo-gu, Incheon, Michuhol-gu, Incheon; and (b) was on the back seat of the patrol vehicle, and (c) was accompanied by the safety partitions of the ice located in the patrol vehicle.

Accordingly, the Defendant damaged the above patrol vehicles used by public offices to be repaired in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of H and I prepared;

1. A report on investigation (a statement of a victim);

1. A medical certificate of injury;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), report on investigation (power of repeated crime), two copies of judgment, and one copy of judgment, the current status of acceptance of each individual;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 141 of the Criminal Act (the point of damage to goods for public use) and choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Category 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendations).