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(영문) 광주지방법원 순천지원 2016.01.19 2015고단1839

상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On August 20, 2015, the Defendant violated the Punishment of Violences, etc. Act (joint assault) in front of the D cafeteria located in C at around 01:15 on August 20, 2015, and in the process of borrowing tobacco from the victim E (27 years of age) in the course of borrowing tobacco from the victim E (27 years of age), whether the victim F (27 years of age) who is the first day of the E is punished or not.

For the reason that the Defendant said that he was “,” he was making three times the face of the Victim F in drinking, and sent it one time, and the Victim E’s face of the Victim E who meets this, and the Defendant G (here the same day summary indictment) who is a single driver, threatened the victims of drinking.

Accordingly, the defendant committed violence against the victims in collaboration with the above G.

2. 상해, 공무집행 방해, 재물 손괴 피고인은 2015. 8. 20. 01:25 경 위와 같은 장소에서, 112 신고를 받고 출동한 여수경찰서 H 지구대 소속 경찰 관인 피해자 I(25 세 )에게 “ 야 십 새끼야 꺼져 짭새야 ”라고 욕설을 하며 손바닥으로 가슴 부위를 수회 밀치고, 오른손 팔꿈치로 안경을 착용하고 있는 위 경찰관의 왼쪽 얼굴 부위를 1회 때려 피해자 I에게 약 2 주간의 치료를 요하는 턱의 표재성 손상 등을 가하고, 피해자 소유의 안경이 휘어지게 하는 등 시가 불상의 안경의 효용을 해함과 동시에 위 경찰관의 질서 유지 및 범죄수사에 관한 정당한 공무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J, I, F, and E;

1. Each written statement K, L and M;

1. A medical certificate;

1. Application of each statute of examination of evidence;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint assault), Article 257 (1) of the Criminal Act (the point of harm), Article 366 of the Criminal Act (the point of damage) and Article 136 (1) of the Criminal Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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. Suspension of execution;