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(영문) 서울남부지방법원 2016.07.21 2016고단2820
상해등
Text

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

Reasons

Criminal facts

On June 17, 2016, around 19:35, the Defendant: (a) arrested the police officers belonging to the Yeongdeungpo Military Police Station D police station in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu to arrest the police officers assigned to the Seoul Military Police Station D police station as a result of the arrears of fines and moved the patrol vehicle to the Seoul Military Police Station in Yeongdeungpo-gu, Seoul; (b) caused the Defendant’s shooting distance near Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul; and (c) caused the Defendant’s injury to the victim F (30 years of age) by taking the Defendant’s head head back and taking approximately four weeks of son F of the police box belonging to the Seoul Military Police Station D police station; and (d) caused the Defendant’s injury to the Defendant F (30 years of age).

As a result, the defendant interfered with legitimate execution of duties concerning the arrest of the police officer's fine, and at the same time injured the victim F.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The reason for sentencing under Articles 40 and 50 of the Commercial Concurrent Punishment Act [the scope of recommending punishment] / [the basic area of ordinary injury (type 1] : April - January 1, and June / [the case of interference with the execution of official duties] increased due to increased causes (the case of interference with the execution of official duties): June - 2 years [the decision of sentence] Defendant acknowledged his mistake, but it is difficult to avoid a large criticism that the police officer suffered injury by the use of violence without any reasonable reason.

In addition to the above circumstances, the sentence of imprisonment with prison labor was imposed on the defendant as stated in the Disposition, taking into account all the sentencing conditions, such as the defendant's age, sexual conduct, criminal records, and circumstances after the crime.

It is so decided as per Disposition for the above reasons.

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