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(영문) 인천지방법원 2015.04.30 2015고단1135
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 01:30 on March 1, 2015, the injured Defendant: (a) boarded Don-si driven by the Victim C (the age of 54) and arrived at the front of the F convenience store located in Nam-gu Incheon Metropolitan City E; and (b) requested the victim to pay the taxi fee; (c) when the victim took a bath for the victim, the victim took a bath to the victim; and (d) took the face of the victim several times on the face of the victim by drinking, the victim took a bath to the victim; and (e) took the 20-day care of the victim from walking the bridge to the victim, and sprinked on the left-hand side for about 20 days.

2. The Defendant damaged the property in the market price managed by the victim C by breaking the metres, card terminal, dinefash, etc. installed in the above taxi by hand at the time and place under paragraph (1).

3. At around 02:45 on the same day as Paragraph 1, the Defendant: (a) expressed that he was arrested as a flagrant offender for the same crime as Paragraph 1 within the H District District of the Incheon Southern-dong Police Station located in Nam-gu Incheon Metropolitan City, and (b) received confirmation of the instant situation from the security guards of the H District Unit of the Incheon Southern-dong Police Station, the Defendant expressed that he was “I”, “I am out, sing out, and glar,” and committed assault, such as when I’s face at one time on his hand.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning investigation and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C and I;

1. Application of Acts and subordinate statutes to damaged photographs, work logs, violence photographs, death diagnosis reports, and written estimates;

1. Relevant Article 257(1) of the Criminal Act, the choice of punishment for the crime, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. First Crimes (Crime of Obstruction of Performance of Official Duties) (Determination of Punishment).

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