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(영문) 서울동부지방법원 2016.11.16 2016고단3136
상해등
Text

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

except that 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 September 13, 2016, around 21:40, the Defendant: (a) 112 reported that there was a person driving alcohol while driving alcohol on the street 17-ro 17-gil, Gangdong-gu Seoul Metropolitan Government, while drinking alcohol; (b) the Defendant took a bath for the circumstances belonging to the Seoul D police station, which called the Defendant, on the ground that drinking control was conducted; and (c) the Defendant: (a) the Defendant: (a) the Defendant: (a) the Defendant: (b) the Defendant was on the ground that he was under the influence of drinking alcohol; (b) the Defendant was under the influence of drinking alcohol on the ground that he was under the influence of drinking alcohol; and (d) the Defendant was under the influence of drinking alcohol; and (b) the Defendant: (b) the Defendant was able to walk the Defendant’s walk to the direction of the vehicle going to walk to the Defendant’s

As a result, the Defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of crimes E, interfered with F’s legitimate performance of duties, and at the same time, took up the right upper part of the right f’s body that requires treatment for about two weeks.

2. The Defendant causing property damage, at the time and place specified in Paragraph 1, was able to use the vehicle from the vehicle in the direction above to walk the vehicle in the direction above, and caused the victim’s Habble, which was parked next to it, to be 200,380 won a total of repair cost by f0,000 won, by flbly facing the victim’s Hable portion of the Hable car owned by the victim G, which was parked next to it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to E, F, G, and I;

1. Each report on investigation;

1. A copy of the circumstantial report of a drinking driver, a copy of the inquiry report made from the control of drinking-driving, and a copy of control manual;

1. A copy of the traffic extra-traffic work site;

1. A written diagnosis and written estimate of vehicle repair expenses;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts: ① Article 257 (1) (Bodily Injury), (2) Article 136 (1) (Obstruction of Performance of Official Duties), and (3) Article 366 (Destruction and Damage of Property) of the Criminal Act;

1. Articles 40 and 50 (Mutual Crimes of Obstruction of Performance of Official Duties against Victims F among Crimes of Bodily Harmonive Acts No. 1 and No. 2 at Time of Sales)

1. Imprisonment with prison labor for each choice of punishment;

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