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(영문) 창원지방법원 마산지원 2014.07.22 2014고단471

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

Around 02:30 on April 8, 2014, the Defendant assaulted D and E, who was under the influence of alcohol, at the home of the Defendant, to the Defendant’s house of the Yongsan-gu, Changwon-si, Masan-si, 502, and reported the above E to 112, and the victim G (the age of 48) was dispatched to the said place.

피고인은 위 D에게 “이 씹할년 개같은년” 등의 욕설을 하는 것에 대해 위 피해자가 “아이들도 있는데 무슨 욕을 그렇게 하느냐 욕설을 하면 녹음을 하겠습니다.”라며 고지하고 피해자들과 분리 조사하려고 하고, 피고인이 계속하여 D에게 발길질을 하는 것을 피해자가 만류한다는 이유로 “이 개 새끼들 모가지를 날리삔다.”라고 말하면서 주먹으로 피해자의 안면부를 3회 때려 폭행하였다.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning handling 112 reports, and at the same time, the Defendant was in need of medical treatment for about 14 days to the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement about D, E, and G;

1. A report on investigation (as to attachment of photographs of victims);

1. Application of Acts and subordinate statutes on commission of appraisal;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (including the fact that a person commits suicide, etc.);