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(영문) 춘천지방법원 원주지원 2019.08.13 2019고단232
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

1. At around 21:20 on January 30, 2019, the injured Defendant sent to the C Hospital emergency room located in the 119 emergency room in the Haju City, by the 119 emergency squad, and refused medical treatment. The Defendant was bound to return home from the victim D (the age of 25) who is an employee of the emergency room, and the Defendant’s cell phone was displayed one time, and continued to put the victim’s face at one time with the hand floor.

As a result, the Defendant inflicted an injury on the victim, such as salt dynasiums that need to be treated for about two weeks.

2. A summary of Paragraph (2) around 02:00 on February 6, 2019 by the Defendant for obstruction of performance of official duties

방 앞에서 ‘손님이 폭행하였다.’라는 112신고를 받고 출동한 원주경찰서 소속 경찰관 E 등으로부터 귀가할 것을 종용받자 위 E의 멱살을 잡아 흔들고, ‘저 씨발새끼, 개새끼, 가만히 안놔둬, 죽여 버리겠다.’라고 소리 지르고 주먹을 휘두르며 E에게 달려들었다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes of the investigative report (No. 5 and 9) (Evidence List No. 5);

1. Relevant Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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 punishment by law: Imprisonment with prison labor for one month to six years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Inflicting of Injury) (Determination of Punishment) and violent crimes: General bodily injury [Type 1] general injury (Specially Inflicting of Death): Reduction element: Minor bodily injury (Article 1, Types 4): Reduction Area (Recommendation Area and Scope of Recommendation Punishment) (Article 1, Types 4); Imprisonment with labor for two months to ten months;

B. Second Crimes (Obstruction of Performance of Official Duties).

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