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(영문) 수원지방법원 성남지원 2016.02.05 2015고단2612
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 27, 2015, at around 00:40, the Defendant: (a) was drunk in the C hospital emergency room located in Seongbuk-gu, Sungnam-si; (b) was frighted from the victim D (38 tax) security personnel of the said emergency room; (c) was frighted by hand to the left-hand side of the victim; and (d) was plucked to five (5) weeks on the left-hand side of the victim requiring approximately five (5) weeks of treatment.

2. On August 28, 2015, the Defendant: (a) was arrested in a flagrant act from the superintendent F (3) of the police station belonging to the branch of the branch police station located in Sungnam-si, Sungnam-si, Seoul, as prescribed in paragraph (1) in the front corridor of the police station located in the branch of the branch police station located in the branch of the branch police station located in the branch police station located in the branch police station; and (b) committed assault with the face of the above F in the branch police station located in the branch of the branch police station.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. A written diagnosis on D;

1. Investigation report (No. 15 lists of evidence);

1. Application of the photographic Acts and subordinate statutes;

1. Article 257(1) of the Criminal Act applicable to the relevant criminal facts, Article 257(1) of the Criminal Act (the point of injury) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties): The choice of imprisonment with prison labor by force;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. In the case of crimes No. 1 (Obstruction of Execution of Official Duties) within the scope of the recommended punishment [Scope of the Punishment, ] Crimes No. 1 (Obstruction of Execution of Official Duties and Compelling Performance of Duties) in the basic area (6 months to one year and four months) [the scope of the punishment recommended] in the area of mitigation (2 months to one year) in the area of mitigation (including two months to one year), the area of mitigation (including a person with special mitigation), or where damage has been restored to a considerable portion of damage, the scope of the final punishment due to the aggravation of multiple crimes: six months to one year;

2. Two years of imprisonment with prison labor for a decision of sentence of ten months (the crime of this case is not good and the same as that of this case);

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