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(영문) 수원지방법원 안산지원 2016.11.25 2016고단2680

상해등

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

Around July 18, 2016, when the Defendant lacks the ability to discern things or make decisions due to the on-site illness, the Defendant was able to ask the victim E (32 years of age) to ask questions about the circumstances of the instant case and to request a voluntary movement to the police station, while the Defendant was able to ask the victim E (32 years of age) to ask the victim E (a police officer) of the Ansan-gu Police Station D District patrol Team of the Ansan-gu, who was called for after having received a report on the on-site assault case at the 194 NC department department No. 194, as the Masan-si, Ansan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, at around 19:10 on July 18, 2016.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding investigation into violent incidents, and at the same time, suffered bodily injury, such as cutting the bones of the body, which requires medical treatment for about six weeks.

Summary of Evidence

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of statutes as a result of fact-finding investigations to the head of the Korea National University Ansan Hospital;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the ground of sentencing under Articles 10(2) and (1) of the Criminal Act and Article 55(1)3 of the Criminal Act for statutory mitigation is an injury to a police officer who needs medical treatment for six weeks without any particular reason, and at the same time interferes with his/her performance of duties, so the nature of the crime is very poor, and the circumstances after the crime are committed, such as failing to recover from damage, and completely refusing to make a statement during the public trial, etc. However, considering the fact that the defendant is the first offender and is seen to have committed the above act with the influence of her early illness, the punishment shall be determined as ordered by the order.

Public Prosecution Rejection Parts

1. The summary of the facts charged is around 19:40 on April 28, 2016.