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(영문) 의정부지방법원 2015.08.25 2015고단31
상해등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 26, 2014, at around 01:40, the injured Defendant: (a) 102 and 904 D apartment units, which were the Defendant’s residence in Namyang-si, and (b) 102 and 46 years old, living together at that time, sought dialogue with the Victim E (V, 82 years old) and the victim F (V, 82 years old), who was the Defendant’s mother at that time, but, on the ground that the victims avoid the occupation, he she was laid down in the lower bottom of the Victim F, and she was able to sit down on the part of the Victim E, and she was able to receive each injury, such as hump and tension, which requires two weeks’ treatment, for about 14 days to the Victim F.

2. At around 02:50 on the same day, the Defendant: (a) was arrested as a flagrant offender at the time on the H Zone entrance in Namyang-si, Namyang-si; (b) even though the police officer of the said earth was arrested as a flagrant offender at the time, the Defendant obstructed the police officer’s legitimate execution of duties in relation to the prevention, suppression, and investigation of the police officer’s crime by assaulting him in a manner that he did not enter the said earth; (c) the said I refused to enter the said earth; and (d) he did so; and (d) the said I did so on a hand; and (d) he did so in a manner that he did the face of the saidJ once, and obstructed the police officer’s legitimate execution of duties in relation to the prevention, suppression, and investigation of the crime

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

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

1. E statements;

1. Application of Acts and subordinate statutes to a medical certificate, damage photograph, and death diagnosis certificate;

1. Article 257 (1) of the Criminal Act and Article 136 (1) 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. Selection of imprisonment with prison labor chosen;

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

1. One kind of general injury for the reason of sentencing under Article 62(1) of the Criminal Act (influence).

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