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(영문) 서울남부지방법원 2016.11.03 2016고단4483
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On September 14, 2016, around 00:30 on September 14, 2016, the injured Defendant suffered injury, such as a flaver pulver on the right arms and flavers, at the right end, where the victim’s body was pushed away from the victim E (the male and the age of 72) who was moving to the territory of Yeongdeungpo-gu Seoul Metropolitan Government, and the victim’s body was pushed down by hand, thereby damaging the victim’s body.

2. The Defendant damaged public goods and obstructed performance of official duties: (a) was arrested by the police officer belonging to the Seoul Young Military Police Station, Seoul High Military Police Station, who was dispatched to the scene after receiving a report of 112, as a flagrant offender such as violence, etc., to move to the district; (b) was launched in the course of getting on the patrol vehicle at the patrol vehicle No. 14 in order to move to the district; and (c) was able to walk the back door of the patrol vehicle at the back seat of the patrol vehicle and continuously boarded the Defendant’s bridge; and (d) was broken off by the police officer due to a defect in his attempt to restrain this.

Accordingly, the Defendant damaged the patrol car of No. 14, which is used by public offices, to be equivalent to KRW 634,049, and interfered with the legitimate execution of duties by police officers concerning the arrest of flagrant offenders, suppression of crimes, investigation, etc. by assaulting police officers.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of G and E;

1. Investigation report (verification of the status of the course of a degree of study on the E-mail of the injured party);

1. An investigation report (Submission of a F District Bond and a night working day);

1. Investigation report (verification of patrol booms and video images);

1. An investigation report (as to whether a crime of damaging goods for public use is added);

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime and the point of injuring anO's option of punishment: Article 257 (1) of the Criminal Act that damages articles for public use: Article 136 (1) of the Criminal Act that interferes with the performance of official duties of an O: Article 141 (1) of the Criminal Act;

1. Article 37 of the Criminal Code among concurrent crimes.

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