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(영문) 제주지방법원 2017.02.16 2016고단1951
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 20, 2016, the Defendant damaged property: (a) around 09:50, at a “D” restaurant operated by C with a female son in Jeju City, the Defendant was at issue of monthly salary with the victim; and (b) at the same time, the Defendant was broken down by a cleaning machine, which is the victim’s possession, was placed adjacent to the market price.

Accordingly, the defendant damaged the victim's property.

2. On June 20, 2016, the Defendant: (a) at around 10:15, 2016, the Defendant: (b) obstructed the performance of official duties; (c) 112 of the instant “D” restaurant, wherein he was faced with a disturbance, and was called out by a private person, at the police station E box of the Jeju Police Station E box called out after receiving a report from 112; and (d) forced the control of the victim by a private person by a private person F (46 years of age); (d) caused the damage of the victim’s damages to the part of the instant beer’s hand by force; and (e) caused the damage of the victim’s damages to the victim’s lided part of the instant beer’s hand by a lided part of the lided part of the victim’s hand.

Dan if the police is the police;

The Macro pan pan, which was on the floor of the Macro, was sealed by putting the Macro on the floor, and by threatening the Macro pan, which was on the just gas column, towards the victim.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officers, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of C and F;

1. A report on investigation (to hear statements from a victimized police officer and report);

1. Investigation report (related to damage to property);

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 257 (1) of the Criminal Act (the point of injury), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment between the crime of injury and the crime of obstructing the performance of official duties, and the punishment prescribed for the crime of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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