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(영문) 서울남부지방법원 2014.01.27 2013고단3101
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

Punishment of the crime

1. Around 03:00 on June 15, 2013, the injured Defendant collected plastic chairs from the victim D (year 35) who had drinking alcohol in front of the C alcohol house located in Gangseo-gu Seoul, Gangseo-gu, Seoul, and carried out approximately five weeks of treatment to the victim. The injured Defendant was on the left-hand shoulder sponsor, sponsor and sponsor, etc.

2. Around 03:40 on June 15, 2013, the Defendant insultd the victim by openly insulting the victim G, a police officer affiliated with the Gangseo-gu Police Station F District of Gangseo Police Station located in Gangseo-gu Seoul, Gangseo-gu, Seoul, with D, H, etc., at the place where the police officer affiliated with the Gangseo Police Station, who was arrested in the act of injury as above, was located. The Defendant read the victim as “spacker. . . . Baf, f. f., f., f.,” and publicly insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or H;

1. The police statement concerning G;

1. 12 On-site reports;

1. Application of Acts and subordinate statutes to photographs (investigative records 41, 42 pages);

1. Relevant Articles 257 (1) and 311 of the Criminal Act concerning facts constituting an offense. Article 257 (Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply to concurrent crimes. Article 50 (Aggravation of the punishment heavier than that prescribed by the said Act, but the maximum term of each crime shall be added);

1. Suspension of execution under Article 62 (1) of the Criminal Act (All circumstances such as the confession of a criminal act and his/her mistake is divided in depth, the primary offender, and the fact that he/she has caused any contingent crime under the influence of alcohol);

1. It shall be decided as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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