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(영문) 수원지방법원 2017.09.08 2016고단6946
상해등
Text

The sentence of sentence against the defendant shall be suspended.

The defendant shall be subject to the protection observation for a period of one year and the protection observation period.

Reasons

Punishment of the crime

The Defendant committed assault, around November 5, 2016, at the Defendant’s house of 106 Dong 701, on the following occasions: (a) around 11:30 on November 5, 2016, the Defendant committed assault: (b) at the Defendant’s house of 106 Dong-dong Police Station E and the victim F, a police captain affiliated with the police station, directly find the Defendant’s house and requested the Defendant to attend an investigation on the instant case; (c) the Defendant would be able to discern things or make decisions; and (d) the Defendant would be able to call the victim’s face at two times by drinking.

As such, the Defendant interfered with the legitimate execution of duties by police officers concerning the investigation of the crime case, and at the same time, the Defendant was at home and home, which requires approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on sentencing investigation;

1. Each police statement made to F or D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Article 10 (2) and (1) and Article 55 (1) 6 of the Criminal Act ( mentally and physically weak persons) to be mitigated by law;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do111, Apr. 1, 20

1. The reason for sentencing under Articles 44-2(1) and 44-2(2) of the Act on the Promotion, Observation, Medical Care, Care, etc. of the Protection, Medical Care, etc. is that the defendant has committed the instant crime in a state of mental or physical weakness due to the development of serious symptoms at the time, and thus, it seems that the defendant has committed the instant crime rather than severe punishment against the defendant, and that the victimized police officer should be given priority in the process of the instant trial.

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