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(영문) 대전지방법원 천안지원 2018.05.04 2018고단185
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 27, 2017, the injured Defendant: (a) 22:10 on the road of “C” located in Nam-gu, South-gu, South-gu, Seoul; (b) and (c) on the road of “C” located in Nam-gu, South-gu, South-gu, where the face of the injured was three times by both hand for the reason that she could not be known, and (d) the injured Defendant saw the victim’s face over three times; and (b) kid the victim’s face on the floor so that the victim’s face could not be known, and caused the injury where the victim cannot be identified.

2. At around 22:20 of the same day, the Defendant attempted to continuously commit the above D in front of the police officers, such as the victim F, etc., who were sent out after receiving a report that the above assault case occurred on the front of the above main station at around 22:20 of the same day, and tried to keep the victim and other police officers, including the victim F, etc., to stop the D, and the victim with a large voice from among several persons, such as the victim and police officers, including the 119 first aid crew and the jus. The victim shall be discarded from the death of the victim.

The victim openly insultingd the victim by referring to the Cresh brus children “h.”

3. The Defendant was arrested as a flagrant offender due to the suspicion of injury under paragraph (1), etc., and was transferred to the E box located in south-gu G at 2:31 on the same day on the same day, and was assaulted by the Defendant, who was asked by the above F, on the part of the right direction of the above F, one time to walk, with a view to questioning of the case details and personal matters.

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Complaint;

1. Investigation report (to have a witness H telephone conversations);

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 311 of the Criminal Act (the point of insult, the choice of imprisonment), and Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment) of the choice of punishment for the crime;

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

1. Article 62(1) of the Criminal Act (the following sentencing grounds are advantageous to the suspended sentence).

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