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(영문) 전주지방법원 2018.04.04 2017고단1913
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 1913"

1. On August 23, 2017, from around 02:30 to October 04, 2010, the Defendant: (a) requested a nurseF and G on duty to keep the physician on duty on duty on the ground that he/she did not cause the physician on duty in the D pulmonary Standard of D Z (the Defendant’s wife E in his/her brain death condition) of the former Jinjin-gu Hospital C; (b) provided the Defendant’s wife’s wife’s medical advice on the ground that he/she did not cause the physician on duty; and (c) provided the Defendant’s wife with the pipe connected to the artificial respiratory machine he/she was worn by the Defendant’s wife, thereby avoiding disturbance.

Accordingly, the defendant interfered with the above nurse F and G on duty by force.

2. The injured Defendant, as in paragraph 1, discovered that a private victim H ( South Korea, 33 years of age) on duty was taking an emergency measure against the Defendant’s wife while avoiding a disturbance, and found that the victim did not have reached the victim’s will on duty, thereby causing damage to the victim’s reputation that requires approximately two weeks of treatment, on the ground that the victim did not see the victim’s intention on duty.

"2018 Highest 36"

3. Around December 20, 2017, the Defendant assaulted the victim at one time on the top of the 'J' in front of the 'J' for the Yansan-gu I apartment commercial building in the Jeoncheon-gu, Seoul Special Metropolitan City on December 20, 2017, on the ground that the victim K (n, 70 years of age) was an examination of the Defendant's wife.

Summary of Evidence

[2017 Highest 1913]

1. Statement by the defendant in court;

1. Each police statement made with respect to H, L, F, and G;

1. A medical certificate (2018 high group 36);

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Application of Acts and subordinate statutes to the scene of the case and photographs of damaged parts;

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury), Article 314(1) of the Criminal Act (the point of interference with each business), and Article 260(1) of the Criminal Act (the point of violence);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the most punishment) shall be imposed on concurrent crimes.

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