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(영문) 서울중앙지방법원 2014.07.02 2014고단3461
상해등
Text

A defendant shall be punished by imprisonment for six 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 May 23, 2014, the Defendant suffered injury in front of Jongno-gu Seoul Metropolitan Government D on May 23, 2014, without any justifiable reason, by driving a victim E (year 31) who was under the influence of alcohol, and driving the victim’s head at his/her seat and head at four to five times by drinking the victim’s face and head, and by drinking the victim’s head at the right back part where the number of days of treatment is unknown.

2. On May 23, 2014, around 00:50 on May 23, 2014, the Defendant: (a) received 112 reports at the places specified in paragraph (1); and (b) arrested the police officer in the act of committing a crime and carried out a police box.

The Defendant: (a) entered the F police box; (b) brought a sound to the police officer; and (c) asked G (56 years of age) who was assigned to the Seoul Shiro Police Station, to take a fixed hand tag attached to the Defendant, to put the Defendant at the right arms of G; and (d) inflict a bodily injury on G outside the right part of the front part, which requires treatment for about ten (10) days.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties and inflicted injury on G at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes to the certificate of injury, and photographs of each part of the body;

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. 집행유예 형법 제62조 제1항(아래 양형의 이유 중 유리한 정상 참작) 양형의 이유 [유형의 결정] 폭력범죄, 일반적인 상해, 제1유형(일반상해) [특별양형인자] - 가중요소 : 공무집행방해의 경우 - 감경요소 : 경미한 상해 [권고형의 범위] 징역 4월 ∽ 징역 1년 6월(기본영역) [수정된 권고형의 범위] 징역 4월 ∽ 징역 2년 다수범죄 처리기준에 의하여 경합범죄인...

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