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(영문) 서울서부지방법원 2017.06.02 2017고단1062
상해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 14, 2017, at around 02:05, the Defendant: (a) was faced with a female who passed on the street by search in Eunpyeong-gu Seoul Metropolitan Government without any special reason; (b) was placed at the bar by a victim C (46 tax) who was suffering from meat; (c) was placed at the bar in drinking; (d) the victim’s face level was several times by drinking; and (e) the victim’s parts of both arms and right buckbucks and the part of the right buckbucks need to be treated for approximately two weeks by hand.

2. While the Defendant was arrested as a current offender by the slope E belonging to the Seoul Western Police Station D police station, who was dispatched to the scene after receiving a report at the time and place of Paragraph 1, at the location of Paragraph 1, and was traveling to the patrol vehicle, the Defendant assaulted by using the sexual part of the above E, accompanied by the Defendant, one time by her hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of punishment for each crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture, the scope of the final sentence according to the multiple aggravated crimes is to be determined in consideration of the following circumstances: (a) the basic area of the first type of crime (in June to one year) (in June to six months), the basic area of the first type (in the case of coercion of special sentencing), [the scope of the recommended punishment] the mitigation area (in February to one year), the mitigation area (in the case of February to one year), the mitigation area (in the case of special mitigation), the mitigation area (including efforts for recovery of damage), or the recovery of considerable damage), the punishment exemption area (including efforts for recovery of damage), the final sentencing scope according to the multiple aggravated crimes: (b) the decision of the sentence sentenced from June to six to two years, and the Defendant’s age, sex, environment, circumstances, etc.; and (c) the period of punishment to be determined in consideration of the following circumstances, the Defendant’s age, behavior, and circumstances after crimes.

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