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(영문) 제주지방법원 2017.01.25 2016고단2918
상해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 15, 2016, the Defendant: (a) 00:10 on the road at the entrance of the farm at Jeju-si, Jeju-si, the victim C (51) was on a taxi at the entrance of the farm; (b) received a demand from the injured party to pay the fee by arriving in front of Jeju-si, the purpose of Jeju-si, 00:25 on the same day; (c) without any particular reason, the victim’s face was taken at several times; (d) the victim’s face was worn on the face; and (e) when the victim’s rear part was unable to know the number of days to be treated, the Defendant inflicted injury, such as the opening of the left inside of the part where the victim’s face cannot be identified.

2. On December 15, 2016, around 00:45, the Defendant interfered with the performance of official duties was informed of disturbance, such as the preceding paragraph, on the street in front of Jeju Island, and was dispatched to the site after being reported 112, from the background F for the region belonging to the Jeju East Police Station Eargu in the Jeju Eastern Police Station, and received a restraint from F, “ must do so, and if so, we will do so.

“Along with the large bit of the F, the F’s heart part was walking once in a lush-ro, thereby hindering the police officer’s legitimate performance of duties concerning the handling of reported cases, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement, the police’s statement with F, and the victim’s photograph;

1. Application of statutes on records of police statements, details of medical expenses to C

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment with prison labor), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition for the reasons under Article 62 (1) of the Criminal Act or more;

Reasons for sentencing (within the scope of the sentencing guidelines) general injury mitigation area: February -1: Basic area that interferes with the execution of official duties in June -1 year: Handling of multiple offenses in April: June -1 year and October: Unfavorable circumstances that are favorable to the victim C's non-won of punishment (see evidence 75 pages): Four times of identical previous crimes and fine.

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