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(영문) 서울남부지방법원 2015.07.10 2015고단1253
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On February 19, 2015, at around 23:10 on February 19, 2015, the Defendant: (a) the victim D (the age of 47) who was working in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu and 2, takes a bath on the ground that the Dominant does not do so; and (b) the victim D (the age of 47) who was working in the workplace met it; (c) the victim’s title was asked into the part; and (d) the victim removed the part of the victim’s title, thereby holding the victim in the part of the

2. On February 19, 2015, around 23:30 on February 19, 2015, the Defendant: (a) avoided disturbance, such as: (b) arrested a flagrant offender under the suspicion of paragraph (1) and taking a bath while smoking in the atmosphere; and (c) prevented the victim G (33 years of age) who is a police officer belonging to the Seoul Yeongdeungpo-gu Police Station; (b) removed the part of G’s right-hand buckbucks; (c) removed the victim by asking the part of G’s right-hand bucks; and (d) interfere with the police officer’s legitimate performance of duties concerning criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Protocol of the police statement concerning G;

1. Application of each statute on photographs;

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 (Punishment on which the punishment is heavier than that of an injury);

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of recommendations according to the sentencing criteria;

(a) In the case of obstruction of performance of official duties in the aggravated area (six months to two years) of Type 1 (In the case of general injury) (in the case of a person under special circumstance), the first offense (in the case of injury to victim G), the general injury area (in the case of recommendation)

B. Type 1 (General Bodily Injury) (Weighting from February to 1) (Special Mitigation) of the mitigated area (Special Mitigation) of general injury shall be recovered from damage not to be punished.

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