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(영문) 서울서부지방법원 2017.01.13 2016고단3419

상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In around 19:00 on October 16, 2016, the Defendant: (a) requested a victim E (66 years) who manages a parking in front of a D cafeteria located in Yongsan-gu Seoul, Yongsan-gu, Seoul to catch a taxi; (b) on the ground that the victim did not promptly get a taxi; (c) on the ground that the victim’s face was 4 times in drinking, the Defendant inflicted an injury on the victim, such as an internal inception, which requires approximately two weeks of treatment.

2. The Defendant interfered with the performance of official duties by assaulting the victim at the same date, time, and place as described in the preceding paragraph, and at the same time and place as mentioned above, and obstructed the police officer’s legitimate execution of duties concerning the handling of reported cases and the prevention of crimes, etc. by assaulting him/her, by assaulting him/her from the police officer’s seat G of the Fdistrict of the Yongsan Police Station in Yongsansan, which was called out after receiving 112 reports, such as taking three times away from the 112 police officer’s seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A H statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of punishment 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. The scope of the final sentence due to multiple concurrent crimes (one to one year and four months) for the reason of sentencing under Article 62(1) of the Criminal Act on the suspension of execution, in consideration of the following: The scope of the final sentence due to multiple concurrent crimes (one to one year and four months) for which there is no basic area (two months to one year and six months) (the person subject to special sentencing) [the scope of the recommended punishment] [the scope of the punishment] for the violation of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution; the scope of the punishment that there is no history of criminal punishment exceeding the fine; and the fact that there is no history of criminal punishment exceeding six months or two years;