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(영문) 서울서부지방법원 2019.02.14 2018고단3971
상해등
Text

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

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

Reasons

Criminal facts

1. On June 30, 2018, around the entrance of the “C” club located in Yongsan-gu Seoul Metropolitan Government, around 03:30 on June 30, 2018, the injured Defendant: (a) moved the Defendant out of the club for the reason that the victim D (25 years of age) who is a security personnel avoided the disturbance in the club; (b) prevented the Defendant from moving the Defendant into the club; and (c) prevented the Defendant again entering the club; and (d) caused the Defendant to move the Defendant again into the club; and (c) made the Victim’s shoulder and arms by making the Defendant take a strong flash with the Defendant’s shoulder and arms flab, thereby making the Defendant flading the Defendant’s flab for approximately six weeks of the right 4 weeks of the

2. At around 03:50 on June 30, 2018, the Defendant: (a) reported to the scene that “the son wears a seat”; and (b) reported the appearance of gathering evidence by a police officer affiliated with the E box called up to the site on the 112 report; (c) reported the appearance of collecting evidence by a smartphone; (d) taken a clothes attitude on one occasion; and (e) assaulted the son’s left side son in the process of arresting the flagrant offender under suspicion of injury and obstruction of performance of official duties.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each investigation report (a summary of statement of telephone conversations for reference);

1. Application of Acts and subordinate statutes to a death diagnosis report and investigation report (in addition, such as victim D submitted photographs, etc.);

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act and the choice of imprisonment, respectively;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

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