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(영문) 서울남부지방법원 2017.01.13 2016고단5314
상해등
Text

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

around 00:35 October 30, 2016, the Defendant reported 112 at a singing room located in Gangseo-gu Seoul, Gangseo-gu, Seoul on the ground that he was a minor, and confirmed the factual relations with the horse E, etc. belonging to the D police station of Gangseo-gu, Seoul, the Defendant sent off kneee E ( South, 36 years old) for approximately two weeks of medical treatment.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on 112 report processing, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. An investigation report (a photograph of the motor vehicle walking along a damaged police officer by walking along the flag).

1. A written diagnosis of E;

1. Photographs (the face of a vehicle from which the police officer is walking due to his/her beam);

1. Application of the Acts and subordinate statutes to screen pictures that obstruct the performance of official duties;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria do not present a separate processing method for the commercial concurrent crimes, but it is necessary to refer appropriately to the sentencing criteria even for the commercial concurrent crimes. Therefore, the sentencing criteria for the serious injury crimes are examined in reference to the sentencing criteria for the more serious injury crimes.

2. Article 257 (1) of the Criminal Act ( statutory penalty: January to seven years) applies to the scope of the recommended punishment according to the sentencing guidelines / [the scope of the recommended punishment] Class 1 (general injury) [the person subject to special sentencing] increased factors (the determination of the area of recommendation] [the scope of the recommended punishment] increased area / six months to two years [the scope of the sentenced punishment] increased area: Article 257 (1) of the Criminal Act (the statutory penalty: January to July).

3. Circumstances unfavorable to a decision of sentence: The instant crime committed by the Defendant by assaulting a police officer, thereby undermining the exercise of legitimate public authority, and also undermining the victim’s injury.

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