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(영문) 의정부지방법원 고양지원 2017.08.23 2017고단1857
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 31, 2017, the injured Defendant: (a) boarded the Victim B (44 years old) taxi operating on the front side of the 8-ray village located in the 01:45 mal-si and the 15 mal-ray, in the direction of the 8-ray-based marbing village on May 31, 2017; (b) taken off the Victim B (44 years old); (c) taken the Victim B (4 years old); and (d) obstructed the Defendant who did not under the influence of alcohol at his/her port by demanding a taxi fee on the ground that he/she was broken; (d) taken the victim’s head at one time on the ground that he/she was broken; (d) taken the victim’s back with his/her back seat; and (e) took the victim’s face and head on his/her hand, etc. with his/her left hand, thereby damaging the victim’s 14-day list that requires treatment.

2. 공무집행 방해 피고인은 2017. 5. 31. 02:00 경 전 항 기재 장소에서 112 신고를 받고 출동한 파주 경찰서 소속 경위 D이 피고인을 상대로 폭행 여부를 물으며 다가가자 양 팔을 휘둘러 위 D의 왼쪽 귓부위를 때려 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, Articles 257(1) and 136(1) (a) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Do1489, Jun. 1, 2011)

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