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(영문) 대전지방법원 2013.10.28 2013고단3638
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On September 3, 2013, from around 20:10 to 20:30 the same day, the Defendant: (a) was under the influence of alcohol at the E-cafeteria operated by the victim D (n, 50 years of age) from around September 3, 2013; and (b) was demanded by the victim to undergo a disturbance, such as “sprinking, nine, Korean people, and bitching bitch with a large sound “the bit of a bitch bitch” to go out from the victim; (c) the victim’s left hand knife the victim’s loss; and (d) the victim’s knifeing the victim’s loss on the floor continuously exceeded the floor so far as it is difficult to keep the victim out of the floor.

As a result, the Defendant interfered with the victim's restaurant business by force, and brought about two weeks of medical treatment to the victim, both of which require medical treatment.

2. 공무집행방해 피고인은 2013. 9. 3. 20:30경 위 E식당 앞에서 112신고를 받고 출동한 세종경찰서 F지구대 소속 경사 G에게 “씨발, 뭔데 이 지랄이야, 원, 한번 들어간다”고 소리치며 G의 양손을 잡은 후 머리로 G의 안면부를 들이받고, “경찰이야, 씨발, 투, 그럼 다음 단계로 넘어간다”고 소리치며 발로 G의 낭심 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting management work.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of each part of the protocol concerning the examination of the accused in the prosecution;

1. Statement of each police statement related to D and G;

1. Application of Acts and subordinate statutes to each investigation report (teleline investigation/check attachment);

1. Relevant Article 257(1) of the Criminal Act, the choice of punishment for the crime, Article 257(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent offenders, the victim D for sentencing reasons under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is in the police investigation.

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