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(영문) 수원지방법원 성남지원 2017.01.25 2016고단3704
상해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 September 1, 2016, around 23:40, the injured Defendant, on the front side of Seongbuk-gu, Sungnam-gu, Sungnam-si, and on the ground that the victim D (20 taxes) escaped with other people, the victim’s face and body body part were blicked in a number of the victim’s face and body part, and continued to blick the victim’s face and body part, making it impossible for the victim to know the number of days of treatment.

2. The Defendant interfered with the performance of official duties by assaulting the police officer’s legitimate performance of duties in relation to the arrest of flagrant offenders by assaulting the F’s left face one time, such as: (a) the time, place specified in paragraph 1; and (b) the police officer of the Sung-nam Police Station E District F of the Sungnam Police Station, who was called to the site after having received a report of 112 on the said D; and (c) the police officer’s desire to arrest the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A damaged photograph;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution, where the extent of violence, intimidation, deceptive scheme, or interference with public duties is minor, the main sentence is that two months to four years [the scope of punishment] agreed with the victim of the injury, the degree of any contingent crime committed in the state of main punishment, and the degree of minor interference with the execution of public duties is relatively minor. In the event the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor, the main sentence is that two months to four months [the amount of punishment] agreed with the victim of the injury, the degree of any contingent crime committed in the state of main punishment, and the degree of minor interference with the execution of public duties.

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