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(영문) 서울동부지방법원 2014.10.16 2014고단2540
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On July 17, 2014, at around 22:10, the Defendant, at around 22:10 on the road in front of the E restaurant in Songpa-gu, Songpa-gu, Seoul, was required to move from the victim H (the age of 47) who was called for after receiving 112 report among the women who were kneeing in front of the F, which was a knee for knee, and was called for, on the one hand, on the ground that it could interfere with the traffic of vehicles entering the parking lot.

Nevertheless, when the Defendant continued to knee with knee while kneing, the Defendant added the body of the above victim, and feling the body of the victim over the floor. Furthermore, the Defendant committed assault, e.g., cutting over the following floor and cutting down the flaps of the victim I(29 years old), who was a light of the knee belonging to the said global belt, and cutting down the flaps over the floor and cutting down the flaps.

As a result, the Defendant interfered with the police officer's legitimate execution of duties concerning 112 reporting processing, and at the same time, the Defendant inflicted injury on the side part of the right section in the right section that requires approximately 4 weeks of medical treatment, and on the part of the part of the defendant I for about 2 weeks of medical treatment to the victim I.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, H, and F;

1. Application of Acts and subordinate statutes to each photograph and written diagnosis;

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

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. Article 62 (1) of the Criminal Act;

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

1. Scope of the sentence recommended according to the sentencing guidelines (determination of type) of obstruction of the performance of official duties. The basic area of obstruction of the performance of official duties (determination of the recommended area] [Scope of sentence of recommendation] six months to one year and four months [the range of sentence of recommendation according to the criteria for handling multiple crimes] six months to two years and nine months;

2. The defendant who has pronounced a sentence shall be led;

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