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(영문) 서울서부지방법원 2016.05.20 2016고단802
상해등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Around March 19, 2016, the Defendant: (a) boarded in E-si operated by the Victim D (Nam, 62 years of age) on March 19, 2016; (b) brought the Defendant to the front day of Seodaemun-gu Seoul Metropolitan Government.

When the victim demanded the payment of taxi charges, the defendant made the victim take a bath and use the victim's face when drinking, and assaulted the victim by taking the victim's face, thereby causing bodily injury to the victim, such as the inner part, which requires treatment for about two weeks.

2. The Defendant: (a) received 112 reports at the date, time, and place specified in paragraph (1); and (b) received a request to present an identification card from a slope H affiliated with the Seoul Western Police Station G (Seoul Western Police Station G box); (c) took a bath, “I am fright, fright, fright, fright, fright, fright, fright,” and assaulted the above H’s face by drinking, fright, hand, etc.

In addition, the Defendant assaulted the body of the chief police officer I belonging to the same police box that controls the above situation, and assaulted the H with the booms within the patrol vehicle during the police box arrested and carried out as a flagrant offender.

Accordingly, the defendant has prevented police officers from performing their legitimate duties on the maintenance of order and arrest of flagrant offenders.

Summary of Evidence

[Judgment No. 1]

1. Partial statement of the defendant;

1. Statement made to the prosecutor by the J;

1. Statement made by the police against D;

1. Written statements of D;

1. A medical certificate of injury, or photograph of damaged part (Evidence No. 23 of the evidence record);

1. Blue video (the fact of the judgment No. 2);

1. Partial statement of the defendant;

1. Each police statement made with H and D;

1. A written statement of I and D;

1. Application of Acts and subordinate statutes to photographs of damaged parts (Evidence No. 37 of the evidence record);

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties);

2. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty).

3. Selection of each sentence of imprisonment;

4. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be heavier) of the aggravated concurrent crimes.

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