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(영문) 수원지방법원 2015.10.15 2015고단3425
상해등
Text

A defendant shall be punished by imprisonment for four 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 June 23, 2015, the Defendant injured the victim C on the road in front of the “E” restaurant located in the wife population D at Chicago-si on June 23, 2015, the Defendant provided, without any reason, the victim C (19 years of age) who was on board a passenger car with the desire to take a bath and to get off the vehicle, and thereafter, the victim’s face part on his/her hand and drinking. On the other hand, the Defendant inflicted injury on the victim C, such as the victim’s ship and the side part on his/her bridge, which requires approximately two weeks of treatment.

2. The Defendant: (a) obstructed performance of official duties, and the victim F’s injury to the victim F, who was called to the scene upon receiving a report at the time, place, and at the scene, took a bath to the victim F (the victim F (the victim’s age 42), who is a police officer demanding the Defendant to move to the scene; (b) met the victim’s faces by drinking the victim’s face; and (c) boomed the victim by drinking the victim’s face; and (d) obstructed the victim’s lawful performance of duties by the police officer in relation to crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Photographss of victims, grandchildren of the victimized police officer, and photographs of the damaged scene;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 136 (1) of the Criminal Act and Article 257 (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 each sentence of imprisonment;

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

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

1. Where the degree of the crime of obstruction of performance of official duties according to the sentencing guidelines is minor, the crime of injury to C [the scope of the punishment of recommendation] shall be type 1 (general injury from January 1 to 1) (special mitigation) and the special mitigation area (general mitigation area) (special mitigation area) (special mitigation area).

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