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(영문) 수원지방법원 평택지원 2016.08.25 2016고단1346
상해등
Text

A defendant shall be punished by imprisonment for six 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 July 14, 2016, the Defendant was under the influence of alcohol with 0.105% alcohol concentration in blood at approximately 200 meters from the 200-meter section from the road front of the 24th mar-ro 69, a long-term city of Ansan-si, Gyeonggi-do, to the road front of the 8th mar-ro 73mar-ro, a city, at the same time.

2. On July 14, 2016, around 05:08, the Defendant: (a) committed assault, such as interfering with the performance of official duties; (b) An act of assault, such as a slope F belonging to E District of the Ansan Police Station E District of the Ansan Police Station, which requires the measurement of drinking at the E District of the Ansan Police Station E District in Ansan-si; and (c) an act of assaulting the victim, such as the victim’s hack, hacking him/her off his/her body; and (d) hacking him/her off his/her body; and (e) hacks him/her over his/her body, such as the victim’s hacking him/her to the left part of the victim’s G, and hacks him/her into the left part of the victim’s G, which requires treatment.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on drinking measurement, and at the same time inflicted injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Medical certificates and photographs of damaged parts;

1. Investigation report (the details of the crackdown on drinking);

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense; Articles 136 (1) and 257 (1) of the Criminal Act (the choice of imprisonment with labor);

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

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. Determination on the application of the sentencing guidelines of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence: The scope of the recommended sentencing guidelines of the lower limit: consideration of all circumstances, including the fact that there exists no criminal history exceeding the fines of O in the basic area (from June to April), the basic area of the obstruction of the performance of official duties (in the event of interference with the performance of official duties and coercion of duties) and the fact that the damaged police officer wanted to leave the Defendant’s wife;

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