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(영문) 대전지방법원 2020.10.06 2020고단1303
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 5, 2020, around 21:10, the Defendant injured the victim by assaulting the victim’s face that he was seated in the driver’s seat on the ground that the victim B (the 59-year-old age), who is a taxi engineer, was on a taxi operated in Seo-gu Daejeon, and arrived at the destination, and then the victim was spited on the taxi floor, on the ground that “When she spits or spits it on the taxi floor, spits it,” and assaulted the victim’s head, booming the head, and spiting it, thereby causing injury to the victim, such as the impairment of the character of the head part that needs to be treated for about two weeks.

2. On March 5, 2020, the Defendant obstructed the police officer’s legitimate execution of duties concerning handling 112 reports by assaulting a police officer, who was a police officer belonging to the Daejeon District E-gu District of the Daejeon Police Station E-gu, Daejeon, who was called to the scene after receiving 112 reports, to take a bath at the entrance of the Masters’ Park, Seo-gu, Daejeon, Seo-gu, Daejeon-gu, Daejeon, Daejeon, for whom the background of the instant case was identified.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Each investigation report and list of reported cases;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on photographs and taxi bills for damage, CCTVs and video CDs;

1. Relevant Article 257(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of injury and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

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

1. Although the circumstance leading up to the instant crime under Article 62(1) of the Criminal Act is bad, and the degree of exercise of tangible force is limited, in light of the necessity to commit the crime of obstruction of performance of official duties, etc., the circumstances that are disadvantageous to the Defendant, such as the crime, are recognized as having considerable importance, the victim B was not injured, and the victim B was minor, and the victim was not injured. The victim did not want to be punished by mutual consent with the victim B.

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