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(영문) 서울중앙지방법원 2013.07.17 2013고단3195

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 17, 2012, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul Central District Court on October 17, 2012, and is currently under probation after the judgment became final and conclusive on October 25, 2012.

On June 2, 2013, at around 02:25, the Defendant was identified by the police officer E (the age of 32) of the Seoul Gangnam-gu Police Station D police box called the Seoul Gangnam-gu Police Station D (the age of 32) and the police officer (the age of 31) who was called out after receiving a report on the Defendant’s drinking expenses on the road in Gangnam-gu, Seoul

피고인은 피해자 E, F로부터 신분증제시를 요구받자 신분증이 없다고 하면서 “개새끼야, 거지새끼야”라고 욕설을 하고, 이에 피해자들로부터 욕설을 하지 말라는 경고를 듣자 격분하여 발로 피해자들의 정강이를 여러 차례 걷어찼다.

After the Defendant was arrested as an offender in the act of committing a crime, the victims were arrested at the back seat of the patrol post, and the victim's face is re-exploited several times to the victim E again, and the victim E needs to receive approximately 14 days medical treatment, such as the internal equipment and internal arms and arms, etc., and the victim F several times, and the victim F's fingers cannot be identified with the number of days of medical treatment.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the arrest of flagrant offenders, and at the same time, injured the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A medical certificate of injury, or photograph;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report on the date when judgment becomes final and conclusive);

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 concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.