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(영문) 광주지방법원 목포지원 2015.02.16 2015고단28
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 6, 2015, around 14:55, the Defendant: (a) expressed his desire to the employees in the E-cafeteria; (b) the victim C (the age of 49) who was the customer who was the customer of the said E-cafeteria, takes the Defendant out of the restaurant; (c) took the Defendant out of the restaurant; and (d) took the victim, and “packs the victim,” she saw the victim’s face four times by drinking, and plucked, boomed the victim’s loss.

In the end, the Defendant injured the victim of approximately two weeks of the outstanding balance of 5 parts in need of treatment, such as salt dynasium, and damaged 300,000 won at the market price where the victim was worn, thereby impairing its utility.

2. 공무집행방해 피고인은 제1항 기재와 같은 사실로 112신고를 받고 현장에 출동한 목포경찰서 F파출소 소속 순경 G에게 C를 폭행한 현행범인으로 체포되었고, 2015. 1. 6. 16:47경 목포시 H에 있는 F파출소 앞에 주차된 순찰차 내에서, 위 파출소 소속 경사 I의 얼굴에 침을 2회 뱉고, 계속하여 같은 날 16:55경 목포경찰서 형사과 사무실에서, 순경 G이 형사과 소속 경찰관에게 피고인의 신병을 인계하려 하자 이를 거부하며 발로 순경 G의 배를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement against I, G, J and C;

1. An investigation report (related to attachment of a medical certificate and quotation);

1. Application of photographic Acts and subordinate statutes, such as suspects and victims;

1. Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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