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(영문) 광주지방법원 2019.05.10 2019고단219

특수상해등

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. At around 16:50 on December 28, 2018, the Defendant: (a) expressed, without any particular reason, the victim’s desire to “Ye, Chewing franch, franch, franch, franch, franch, franch franch,” while drinking, at D’s house located in Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju; and (b) franch with beer’s disease, which is a dangerous object on the table; and (c) franching the victim’s franch.

In this respect, the defendant carried dangerous things with the victim's injury to the victim's end of treatment days.

2. 공무집행방해, 상해 피고인은 2018. 12. 28. 17:25경 위 B아파트 F동 1층 출입문에서, 112신고를 받고 현장에 출동한 광주서부경찰서 G파출소 소속 경위 H 등에 의해 현행범체포된 것에 불만을 품고, 경위 H에게 “야 씹할 놈아, 어 그냥 걸렸네”라고 말하며 오른발로 경위 H의 왼쪽 발목 부위를 1회 걷어찼다.

As a result, the Defendant inflicted an injury on the police officers, such as salt ties and tensions, which require approximately two weeks of medical treatment, and at the same time interfered with the legitimate execution of duties by police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, H and I;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of the parts of the victim E;

1. Articles 258-2(1), 257(1) (a) and 257(1) of the Criminal Act concerning criminal facts, Article 257(1) of the Criminal Act, and Article 136(1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of injury and obstruction of performance of official duties, and punishment imposed on the crimes of serious injury)

1. Selection of imprisonment with prison labor for the crime of elective injury;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are victim E.