Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The defendant of "2014 Godan5940" was sentenced to imprisonment with prison labor for the crime of obstruction of performance of official duties by the Incheon District Court on April 2, 2014, and one year of suspended execution, which became final and conclusive on April 10, 2014, and is currently under the grace period.
On August 9, 2014, at least 22:40 on August 22, 2014, the Defendant requested the emergency department of the Yeonsu-gu Incheon Metropolitan City “C Hospital” emergency department to issue a medical certificate to the victim D (the age of 28) who is the administrative affairs of the above hospital in front of the hospital, but he was aware that the victim’s face should not be issued at night and Saturdays from the victim. However, on two occasions, the Defendant inflicted injury on the victim, such as brain, requiring medical treatment for about 14 days.
On August 29, 2014, at around 01:10 on August 29, 2014, the Defendant assaulted the victim’s knives at one time during the time due to the issue of alcohol value with the Frob clubs in Yeonsu-gu Incheon Metropolitan City E, the victim G (n, 48 years of age) who is an employee of the business place, and the alcohol value.
Summary of Evidence
"2014 Highest 5940" and "2014 Highest 6876"
1. Defendant's legal statement;
1. Each police officer's statement about D and G;
1. A written diagnosis of injury to D in preparation of the doctor;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (abundance of judgment, etc.) and Acts and subordinate statutes;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Inflicting point: Article 257 (1) of the Criminal Act;
(b) A point of assault: Article 260 (1) of the Criminal Act;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. The recommended sentence by the sentencing criteria;
(a) Basic crime: No basic area (from April to January 16) (special person) of injury (the scope of recommendation punishment) general category 1 (general injury) shall be included in the limit of injury;
(b) Concurrent crimes: Violence (Scope of recommendations) and Type 1 (General Violence) (No person who has been specially punished) and the basic area (two to ten months) of such concurrent crimes;
(c) Criteria for handling multiple crimes: April to one year and one November of imprisonment (the lower shall be four months, which shall be the lowest limit of the basic crimes, and the upper limit shall be 1/2 of the upper limit of the scope of the punishment of concurrent crimes shall be added to the upper limit of the scope of the punishment of the basic crimes);
2. Determination of sentence;