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(영문) 광주지방법원 2014.08.29 2014고단2556
상해등
Text

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

except that 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 July 14, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (driving of Drivers) caused the victim C (the age of 64) who is an acting engineer to drive a vehicle of the Defendant. On the other hand, the Defendant used the driver of a vehicle in operation, such as getting back of the victim’s head, getting back of the road and getting back of the road of the Defendant located in Gwangju Mine-gu, and getting back of the road of the Defendant located in Gwangju Mine-gu, and getting back of the road, and getting back of the road of the victim’s head, getting back of the road, and getting off the part of the victim’s neck by drinking.

2. Obstruction of the performance of official duties, the Defendant continued to be arrested as a flagrant offender of a crime of assault by engaging in abusive and assaulting to C even though the victim F, etc., who was called out after receiving 112 report as a result of the crime of paragraph (1) at the above date, time, place, and place, and the victim was arrested as a flagrant offender of the crime of assault, during the patrol, and was on board the back seat in the E zone, and took the face of the victim, such as “this spacte photograph is not stamped,” and the victim was exposed to the face of the victim, and the victim obstructed legitimate execution of duties concerning the police officer’s personal arrest of a flagrant offender, and at the same time, suffered injury, such as damage to the character of the arms in need of two-time medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s written statement and F’s written statement;

1. Report of investigation (the contents in C currency as an agent);

1. Application of the Acts and subordinate statutes to photographs taken on the upper part of a medical certificate or a arms;

1. Article 257 (1) of the relevant Act on the Punishment, etc. of Specific Crimes (the point of injury), Article 136 (1) of the Criminal Act, and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury to a driver);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The suspended sentence is the sentencing guidelines set forth in Article 62(1) of the Criminal Act.

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