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(영문) 수원지방법원 성남지원 2015.12.16 2015고단883
상해등
Text

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

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

Reasons

Punishment of the crime

[2015 Height883]

1. On March 31, 2015, around 00:23, the injured Defendant: (a) was a victim D (year 51) who is the main customer of the Defendant’s operation on the roads in front of Seongdong-gu, Seongbuk-gu; and (b) took part of the victim’s face on one occasion by drinking; and (c) took part of the victim’s shoulder and boom.

As a result, the Defendant inflicted injury on the victim, such as a non-alleys that need to be treated for about three weeks.

2. 공무집행방해 및 공용물건손상 피고인은 2015. 3. 31. 00:35경 성남시 중원구 C 앞 도로에서 제1항 기재와 같이 D을 때리던 중 112신고를 받고 출동한 성남중원경찰서 E파출소 소속 경찰관인 F으로부터 현행범인으로 체포되자 화가 나 “야, 니가 경찰이야, 내가 누군지 알아”라고 소리치면서 발로 위 F의 허벅지 부분을 2회 걷어찼다.

Then, while getting aboard the patrol vehicle and being escorted to the patrol box, the Defendant shouldered the sacker and partitions of the patrol vehicle.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by police officers, and damaged things used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant is detained for not less than 40 days and that the defendant seems to have committed a crime due to mental illness and that there exists no record of being sentenced to a fine or a heavier punishment);

1. The dismissal of prosecution under Article 62-2 of the Probation Criminal Act

1. On July 1, 2015, the Defendant: (a) around 02:40 on July 1, 2015, in the case of the victim I (the age of 40) in front of the H convenience store located in G in Seongbuk-gu, Sungnam-gu; (b) and (c) in the case of the

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