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(영문) 서울서부지방법원 2013.08.14 2013고단212

상해등

Text

A defendant shall be punished by imprisonment for six 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. Injury;

A. On May 14, 2012, around 02:30 on May 14, 2012, the Defendant inflicted injury on the victim E (38 years of age) and body in the “D Age Club” located in Eunpyeong-gu Seoul Metropolitan Government, and caused the victim’s face, body, etc. in front of the building by drinking and launching from the stairs of the said “D Age Club”, and from the street side of the building, the Defendant sustained the victim’s face, body, etc. for about four weeks of treatment.

B. At around 02:40 on May 14, 2012, the Defendant: (a) placed on the street in the front of the “D Age Club”; (b) placed on the face of the victim F (n, 45 years old) who was fighting with the Defendant and E, one-time abundance of the victim F (n, n, e.g., at the victim’s age) who was fighting, with approximately one week medical treatment.

2. Performance of official duties or injury;

A. At around 02:50 on May 14, 2012, the Defendant: (a) arrested a slope victim G (year 41) from a slope belonging to the Eunpyeong Police Station as an flagrant offender and refused to leave the escorting vehicle after having been arrested as a flagrant offender and having inflicted an injury on him/her; (b) had the face of the said G two times walking off to take approximately one to two weeks of walking.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers, and at the same time injured the victim G.

B. On May 14, 2012, the Defendant: (a) around 02:55, at the “Seoul Eunpyeong Police Station” parking lot located in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul; (b) there was a defect that the victim I (30 years of age) was trying to get the Defendant from the escorting vehicle; and (c) refused the said I’s face while walking on one occasion to take approximately one-half week treatment.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers and at the same time injured the victim I.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E, F, G, I, J, K, and L;

1. Written statements of M, N,O, P, and Q;

1. The application of Acts and subordinate statutes to photographs of each injury diagnosis letter, opinions, images of the upper part, and on-site CCTV data;

1. Articles 257(1) and 136(1) of the Criminal Act concerning criminal facts