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(영문) 서울중앙지방법원 2013.10.28 2013고단4336

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 became final and conclusive.

Reasons

Punishment of the crime

around 00:20 on October 30, 2013, the Defendant was under influence of alcohol on the alleyway in Seongbuk-gu Seoul, Seongbuk-gu.

Accordingly, the defendant expressed his desire to "I am w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w

After that, the defendant assaulted the F's chest at two times by drinking, and when he gets off, he f's breasts by drinking, f's breasts over the floor, f's elbows go against the floor, thereby obstructing the above police officers' legitimate performance of public duties concerning the protection of their lives and maintenance of order, etc., and at the same time, the victim E (46 years old) cannot know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. The defense counsel's assertion of the defense counsel under Article 62 (1) of the Act on the Suspension of Execution (Considering all the circumstances, such as the background of the crime, the serious reflectivity, the degree of injury, and the fact that there is a mother who will support the defendant) is asserting that the defendant was in a state of mental disorder under the influence of alcohol at the time of the crime. In light of all the circumstances, such as the motive of the crime, the details of the crime, and the defendant's speech and behavior after the crime, it is acknowledged that the defendant was in a state of drinking alcohol at the time of the crime, but it cannot be seen that the defendant did not have the ability to discern things or make decisions. Thus, the above

It is so decided as per Disposition for the above reasons.