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(영문) 서울서부지방법원 2014.12.24 2014고단2926
상해등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 상해 및 재물손괴 피고인은 2014. 9. 27. 23:40경 서울 마포구 B에 있는 ‘C식당’ 앞 노상에서 술에 취해 주먹으로 지나가는 피해자 D이 운행하는 택시 문을 1회 찼다.

Therefore, when the victim resisted the defendant from the taxi, the defendant suffered from the bus that is pushed down with the victim's head by hand, flicked the victim's breath, was pushed down with 10,000 won of the repair cost by pushing the victim's flick, and continued to cover the victim's face by drinking and spacking the victim's face over the floor.

As a result, the defendant assaulted the victim, thereby causing the victim's second diagnosis on the number of days of treatment, etc., and damaged another's property.

2. The Defendant: (a) obstructed performance of official duties and the victim’s injury at the same date and time, and at the same place; and (b) obstructed the legitimate execution of duties concerning the handling of the 112 reporting of police officers and the arrest of flagrant offenders by plucking the 112 reporting of the defect that F, the captain of the Seoul Mapo Police Station Emba Police Station, who was dispatched after receiving a report of assault 112, arrested the victim as an flagrant offender as stated in the preceding paragraph; (c) obstructed the victim’s right hand hand, knick, tension, etc. requiring two weeks of medical treatment; and (d) inflicted injury on the victim

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. Each investigation report;

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

1. Articles 257 (1), 136 (1), and 366 of the Criminal Act concerning the facts constituting an offense;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 2

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