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(영문) 대전지방법원 홍성지원 2015.10.16 2015고단742

상해등

Text

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

However, 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 June 20, 2015, at the “C convenience point” located in Hongsung-gun, Hongsung-gun, Hongsung-gun on June 20, 2015, the Defendant was unable to have avoided the disturbance of the Defendant, such as drinking alcohol by employees’ male-friendly appearance D, and getting off DNA head debt on the calculation unit. On the ground that the victim E (20 years of age) was said to be the customer he was the victim E (20 years of age) who was under his care, the Defendant was able to kill the victim’s breath and got the victim’s entry part twice.

As a result, the Defendant inflicted an injury on the victim, such as an open wound for eight-day medical treatment.

2. At around 21:20 on the same day, the Defendant committed an assault, such as, on the ground that, at the front of the above convenience point, the Defendant: (a) reported 112 on the day, “the principal frighter frighter frighter frighter frighter frighter frighter frighter of the Hongsung Police Station, who called “the principal frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter, who frighter frighter frighter frighter frighter frighter.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of G, D, E, and H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the occupation of an injury and the choice of imprisonment) concerning the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The basic area (six months to one year and four months) of the obstruction of the performance of official duties (the scope of recommendations) (the scope of the obstruction of the performance of official duties) shall be the category 1 (the coercion of the performance of official duties).

2. A person who is not subject to punishment in the mitigated area (two months to one year) (special mitigation) of types (two months to one year) of general bodily injury.

3. The scope of final sentence due to the aggravation of multiple offenses: six months; and