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(영문) 서울북부지방법원 2017.10.11 2017고단3451
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 July 2, 2017, at around 01:57, the Defendant: (a) while drinking mixed alcohol at C’s main points located in Jung-gu Seoul Metropolitan Government, the Defendant inflicted an injury on the part of the victim, who is another customer, from the above heading house to the victim’s face, while drinking mixed alcohol, and was able to do so, when taking care of the victim’s face from the cell phone being used for drinking, the Defendant suffered an injury to the victim, which requires treatment for up to 28 days, by taking care of the victim’s face.

2. The Defendant interfered with the performance of official duties by assaulting the police officer, such as taking a disturbance, such as taking a bath against the police officer during the patrol vehicle, while he was arrested from the police officer of the Seoul Southern Police Station E District Police Station, and the police officer arrested from G to the current offender under the suspicion of assault, who was called out after receiving a report at the time, at a place, paragraph (1) and 112, taking the above neck as a video image, thereby interfering with the police officer’s legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. The face of a victim and a part of the damaged police officer's photograph;

1. Investigation report (Submission of a written diagnosis of injury to a victim), and written diagnosis of injury;

1. Investigation report (C main statement);

1. Application of the Act and subordinate statutes to report on investigation (to hear statements by police officers G phone call);

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 imprisonment 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to June 10;

2. Crimes No. 1 in the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] - Crimes No. 2 in the basic area (six months to one year and six months) (the scope of the recommended punishment] of the first category (the interference with the performance of official duties and the coercion of duties) of the first type (the interference with the performance of official duties and the coercion of duties) (the scope of the recommended punishment] of the basic area (six months to one year and six months) of the first type (the interference with the performance of official duties and the coercion of duties) (the person subject to special sentencing) of the mitigated person: the mitigated person is not punished.

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