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(영문) 서울북부지방법원 2017.03.15 2017고단486

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2, 2017, around 21:40, the Defendant: (a) arrived at the destination of the cab operated by the victim D (60 tax) on the front side of Dongdaemun-gu Seoul Metropolitan Government; (b) brought an injury on the number of days of treatment, such as the victim’s face being drinking, and the victim’s face was boomed, and the victim’s injury was bread by booming the cab, thereby getting the victim under the influence of alcohol.

2. The Defendant abused the Victim E (the age of 36) at the above date, time, place, and assaulted the Victim E (the age of 36) by drinking the Victim’s face three times as a drink, and by pushing the Victim’s body.

3. Around February 22, 2017, the Defendant: (a) was arrested by police officers G belonging to the Dongdaemun-gu Police Station in Seoul, Dongdaemun-gu, Seoul, who was dispatched to the scene after receiving a report from approximately 21-gil 29, Dongdaemun-gu, Seoul, Dongdaemun Police Station on February 2, 2017 and was under investigation; (b) the face of the said G was taken one time a week, and assaulted several times.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the handling of reports and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, E, and G;

1. A investigation report (Attachment of photographs by cutting a black stuff image or a cell phone image) and a photograph by cutting a black stuff image;

1. Investigation report (Attachment to a photograph of CCTV images that a police officer assaultss a police officer) and a photograph by capturing CCTV images;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of photographs of each victim), and photographs of injury to the victim;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) of the Criminal Act, the choice of imprisonment for each crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend lectures and order to provide community service;

1. Scope of applicable sentences under law: Imprisonment from January to June 2, 10.