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(영문) 청주지방법원 2017.08.11 2016고단2604
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. In the case of the injured defendant and the injured party C (n, 26 years of age) are marital relations.

피고인은 2016. 8. 28. 00:40 경 충북 진천군 D에 있는 ‘E’ 편의점 앞길에서 피해자가 술을 마시고 운전을 했다는 이유로 다투던 중, 피해 자로부터 “ 나는 오래전에 ( 아이들을) 버렸다” 는 이야기를 듣고 화가 나, 주먹으로 피해자의 입술 부위를 3회 때린 뒤 발로 피해자의 가슴과 배부 위 등을 수회 걷어찼으며 손으로 피해자의 이마와 목 부위를 수회 때려 피해자에게 약 2 주간의 치료가 필요한 입술 부위 열상 등을 가하였다.

2. On August 28, 2016, around 00:56, the Defendant interfered with the performance of official duties and the Defendant injured the victim’s H by taking advantage of the police officer’s title of the victim’s H (27 years old), who was dispatched to the site after receiving a report of 112 by the witness F, who observed the scene where the Defendant was in contact with the said victim’s C at the place indicated in paragraph (1) of the same Article, and arrested him as the current offender, and in his hand took advantage of the witness’s title of the victim’s H (27 years old) to the police officer assigned to the Hacheon-gu Police Station at one time.

On the other hand, the Defendant continued to restrain the Defendant’s assault, and brought the victim I(37) belonging to the G police box in the Jincheon-gu Police Station G (37) of the Defendant’s left hand into the wall of the alley, and brought the Defendant’s hand over to the wall of the alley, and brought about approximately two weeks back to the victim H and the victim I, thereby causing the victims to go beyond the above victim H and the victim I, thereby requiring approximately two weeks medical treatment.

In this regard, the defendant interfered with the legitimate execution of duties of police officers concerning the suppression and investigation of crimes, and at the same time injured the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, C, and I;

1. A photograph of each damage, a report processing case, and a medical certificate of each injury;

1. Application of Acts and subordinate statutes to each investigation report (for example, 7, 9, 13, 15, 23, 24, 26);

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

1. The Commercial Concurrent Crimes Act.

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