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(영문) 창원지방법원 통영지원 2018.06.25 2018고단447
상해등
Text

A defendant shall be punished by imprisonment for six 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 February 23, 2018, the injured Defendant was at the time of completing the Victim D (Influence, 49 years of age) in the “C cafeteria” located in Scamb on February 23, 2018, and caused the injury to the victim, such as the impairment of the head’s character that requires approximately two weeks of treatment.

2. The Defendant damaged property at the time, at the place, as described in paragraph 1, the victim E (54) who is the owner of the “C cafeteria,” as described in paragraph 1 of this Article, the Defendant: (a) laid the Defendant on the floor of the horse victim’s gate, with a diameter equivalent to KRW 632,00,00, in which the market price of the horse victim was worn by the horse victim; and (b) caused the damage of KRW 430,00,000 for repair costs, such as the door door door door door door door door door door door door door door door door door door doorh.

3. On February 23, 2018, the Defendant: (a) received a report from 112 on the front of “C cafeteria” and “C cafeteria,” and took part in the Defendant’s 112-round 22:04, the Defendant, who obstructed the performance of official duties, expressed the Defendant’s desire to “brue the Defendant,” who was taking part in the front of the 112-round 22:04 at the same time, that “A female would not leave the police;” and (b) obstructed the police officer’s legitimate performance of duties concerning the handling of 112 reports and the prevention of crimes by assaulting the Defendant at one time of the face of the said G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to G and E;

1. Each statement of D and H;

1. Investigation reports (on-site situations, etc.);

1. A report on investigation (Attachment of a medical certificate);

1. Application of Acts and subordinate statutes to a criminal investigation report (abscences and entrance repair expenses receipt);

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for the 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. Grounds for sentencing under Article 62(1) of the Criminal Act 1.

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