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(영문) 서울남부지방법원 2018.02.13 2017고단5734
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On October 21, 2017, at around 05:30 on October 21, 2017, the Defendant, without any justifiable reason, went beyond the fence of the said Bara, and went beyond the wall of the said Bara, to the park of the residence of the victim C (32 years old) without the victim’s permission, followed the victim’s bath, and went through a large sound, thereby drinking.

Accordingly, the defendant invadedd the victim's residence.

2. Around October 21, 2017, the Defendant interfered with the performance of official duties and the injured Defendant: (a) at the same place as the foregoing paragraph 1, at around 06:20 on October 21, 2017, “A drunk male fright to fright,” the Defendant was sent to the Seoul Geumcheon Police Station D District District E (34 years old) that was trying to arrest the Defendant as an offender in the current crime of intrusion upon residence; (b) the Defendant was frighted to the said victim; and (c) the Defendant was placed on the floor to control the Defendant by putting the Defendant on the floor to the left side of the victim of the defect, thereby taking a part of the victim’s body that requires treatment for up to six days.

As a result, the Defendant interfered with the legitimate execution of duties of police officers with respect to the handling of reports and arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of C and F;

1. The application of Acts and subordinate statutes to 112 on-site checks, each on-site photographs, photographs of damaged parts, and medical certificates;

1. Article 319(1) of the Criminal Act applicable to the facts constituting an offense (the point of intrusion upon residence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of assaulting and injuring a police officer dispatched after receiving a report on a residential intrusion for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order, but the responsibility for such assaulting and injuring a police officer is not weak, but the primary crime is the primary crime, the mistake is divided, and the defendant's person is divided.

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