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(영문) 청주지방법원 2018.05.10 2017고단2333
상해등
Text

A defendant shall be punished by imprisonment for one year.

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

[2017 Highest 233]

1. On October 23, 2017, at around 23:00, the Defendant damaged the 304-dong Cheongju-gu Seoul apartment complex in front of the 304-dong Cheongju-gu, Cheongju-si, that caused damage to the injured party D, who was the father of the Defendant, by the brickd with the wall, and caused the damage to the injured party E-Ba in front of the damaged E-Sa vehicle owned by the victim, which was parked in the said place.

2. On October 23, 2017, around 23:08, the Defendant suffered from the victim G (29 tax) who is the police officer belonging to F District of the police station, the police officer of the police station equivalent to the Cheongju who was dispatched after receiving a report from 112 on the background of the case at around 3:08, the Defendant suffered from an injury, such as impairing the victim’s face requiring approximately two weeks of treatment.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers related to civil petition affairs and inflicted injury on the victim at the same time.

[2017 Highest 2698] On October 22, 2017, the Defendant: (a) around 23:24 October 22, 2017, around the residence of the victim I (n), H, 304, and 501 in Cheongju-si, Cheongju-si, Cheongju-si; (b) sought complaints from the victim in the telephone call with the victim, who is prone and caused damage; and (c) sought complaints from the victim in the telephone call with the victim at the same place; and (d) took metal pipe (the length of 52.5cm, weight 275g), which is a dangerous object, “to throw away the victim”; and (d) the victim at home threatened the victim with his/her lineal ascendant or descendant, such as breaking the pipe.

Summary of Evidence

[2017 Highest 233]

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Written statements of D;

1. A medical certificate;

1. On-site photographs (2017 Height 2698);

1. Partial statement of the defendant;

1. Statement made to I by the police;

1. Protocol and list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (verification of the nature of seized articles), and pipe photographs;

1. Article 366 of the Criminal Act in relation to the crime (the point of damage to property) and Article 136 of the Criminal Act.

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