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(영문) 광주지방법원 2018.06.28 2018고단1618
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 April 10, 2018, between around 15:00 and around 15:10, the Defendant driven a 1.5 km DK5 car from the front of the Seo-gu Gwangju Metropolitan City, Seo-gu, Gwangju Metropolitan City, to the front road of the building at the 112-ro regular course, Seo-gu, Gwangju Metropolitan City, without a driver’s license.

2. Around 15:10 on April 10, 2018, the Defendant obstructed the performance of official duties, and the Defendant was driving the said vehicle on the road in front of the said C Building, and was in control over the victim E (the 49 years old) who is a police official belonging to the police station of the Gwangju Western Police Station. At the victim’s request, the Defendant brought the said vehicle on the said vehicle, and brought the victim’s self-facing and escaping from the said vehicle, and the victim got over the floor as the victim harming himself/herself, and the victim was faced with the chest part of the victim’s chest with the defect in order to have the victim get her, thereby causing about two weeks injury to the victim.

In this way, the defendant interfered with the legitimate execution of police officers' duties and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. The driver's license ledger;

1. A report on investigation (a photograph of the scene of crime);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act (the point of harm) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to the crimes of interference with the execution of official duties and of injury);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum term of the punishments prescribed for each of the above crimes is aggregated) shall be aggravated for concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case was committed during the period of suspension of driver's license due to driving under drinking alcohol for the reason of sentencing Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., and the degree of interference with the execution of official duties is not somewhat weak.

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