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(영문) 서울동부지방법원 2014.08.21 2014고단1688
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. Around 05:30 on May 14, 2014, the Defendant said, “A” on the street in Gwangjin-gu Seoul Special Metropolitan City, and on the ground that the victim slope E, a police officer affiliated with the 112 police box of the Seoul Mine Police Station, dispatched to the site after receiving 112 reports, does not properly handle reports, the Defendant said Defendant said that “I will not leave the victim only if I treat the victim in a place where the said drinking house proprietor and many unspecified citizens hear.”

Accordingly, the defendant openly insultingd the victim.

2. On May 14, 2014, at around 06:10 on May 14, 2014, the Defendant: (a) was arrested and detained as a flagrant offender in the offense of insult, as described in paragraph (1) and was compelled to take custody; (b) the Defendant was faced with disturbance, such as taking the police officer’s desire; (c) from the victim slope G (the age of 29) who is a police officer belonging to the Seoul Minejin Police Station D police box where he was working at that place, the Defendant was subject to the Defendant’s escape, and (d) her head took part of the victim’s taking part in the police box once.

As a result, the Defendant committed an injury to sugar that could not be known about the number of days of treatment, and at the same time interfered with the legitimate execution of duties by police officers in relation to their duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each statement of E, G and H;

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

1. Articles 257 (1), 136 (1), and 311 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the sentence recommended by the sentencing guidelines [decision of the type] obstruction of the performance of official duties. The basic area of the obstruction of the performance of official duties [decision of the recommended area] [decision of the recommended area] is recommended according to the sentencing guidelines for multiple crimes conducted in June to April.

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