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(영문) 광주지방법원순천지원 2020.10.07 2020고단657
상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

1. Around 00:10 on March 14, 2020, the Defendant injured the victim B, who was in a time room in front of a D store located in C at a time of drinking, and was under the influence of alcohol on the ground that he was fright with the victim B (the age of 26) and was frighted. On the other hand, the Defendant was frightening the victim for about five occasions when the victim’s face face was frighted for about one week.

2. On March 14, 2020: (a) around 00:35, the Defendant: (b) expressed the victim E (the police officer) who was the victim and the police officer while waiting in order to be arrested and detained as a flagrant offender due to the crime described in paragraph (1) within the G District of the Nannam Police Station G District in the Han River Station in the Han River-si on March 14, 2020; (c) and (d) took a bath to “Yeeee f.,” without any justifiable reason, while walking the victim’s bridge part on the bridge part of the victim’s bridge, which requires approximately two weeks of medical treatment; and (d) obstructed the police officer’s legitimate performance of duties concerning criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the police officer concerning E and B;

1. Each written diagnosis;

1. 112 Application of the 112 Reporting List, Investigation Report (CCTV Video Confirmation)-Related Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture is very negative that the defendant again committed the instant bodily injury and obstruction of performance of official duties, despite the fact that he/she had been punished several times of imprisonment with prison labor and suspension of execution.

However, the defendant does not want to be punished against the defendant under the agreement with the victim B, and the defendant's mistake is all.

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