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(영문) 인천지방법원 부천지원 2019.06.20 2019고단1308

상해등

Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 17, 2018, the injured Defendant: (a) around 02:09, while drinking alcohol together with the victim D (the age of 21) at the residence of land C, which is located in Seocheon-si B, the Defendant: (b) sold the victim’s face at one time; (c) went beyond the victim’s face; and (d) took part in the victim’s flabed hand on the part of the victim; (d) took part in the victim’s face; and (e) took part in the victim’s flab; and (e) took part in the victim’s flab with the victim’s face; and (e) took part in the victim’s flabing of the number of days of treatment.

2. At around 02:30 on December 17, 2018, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of reports and maintenance of order on the road in front of Bupyeong-si, Bupyeongcheon-si, “The same shall apply to a fighting on the third floor.” The Chief G (40 years of age) of the F Department of the Busan District Police Station, which called upon the 112 report, resisted the Defendant to arrest the Defendant in the act of committing an act of committing an offense, at the price of the face of the above G at one time on the right side of the said G at one hand.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police suspect interrogation protocol about H (1) and D;

1. Each police statement concerning C and G;

1. Investigation report (verification of on-site CCTV images);

1. 112 reported case handling table;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of photograph of suspects;

1. Relevant provisions of the Criminal Act, Articles 257 (1) and 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations according to the sentencing criteria;

(a) Type 1 (Determination of the Place of Recommendation), mitigated area (Determination of the Place of Recommendation), 2 months - 10 months - 10 months -

(b) the second crime in its holding (decision of type).