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(영문) 대전지방법원 2013.12.05 2013고단3578

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 20, 2013, at around 01:05, the Defendant: (a) tried to find out an engine saw, which is a dangerous object in the victim’s car troke line, from around the front day of the Daejeon U.S. E located in the Daejeon U.S. on May 20, 2013, that the victim F (50 years of age) of E, which is in an internal relationship with the Defendant, exercised violence to E and phone to the Defendant before that time; and (b) called “Iree E to love it,” and called “Ire the E if I do not take it now, I will do so.” In addition, the Defendant sawd the victim’s saw to the above engine saw, the victim’s saw and the parts of the arms, etc., which were the objects dangerous in the victim’s car troke line with the victim’s engine saw, caused the victim to undergo approximately two weeks medical treatment.

2. On the same day, at around 01:30 on the same day, the Defendant sought to open the back of the patrol police officer boarding F in order to remove the Defendant and F, such as the victim H (53 years of age) of the police officer belonging to the Daejeon Police Station G police station, who was called for the above act by the Defendant after receiving a report of 112 regarding the above act of the Defendant, in order to remove the Defendant and F, and tried to open the back of the patrol police officer boarding F to continuously assault F without complying with the control of the police officer, and the latter tried to stop the Defendant, and the victim was boomed by both hand, thereby getting off the victim’s humf and humbing the victim beyond the floor, which requires medical treatment for about two weeks.

As a result, the defendant interfered with the victim's performance of official duties on dispatch of 112 report and crime prevention, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. The police statement of H;

1. Application of diagnosis certificates, injury diagnosis certificates (Evidence No. 62 pages of evidentiary records), photographic statutes;

1. Articles 3(1) and 2(1)3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 257(1) of the Criminal Act (the occupation of an injury by carrying a deadly weapon) and Article 136(1) of the Criminal Act.