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(영문) 서울중앙지방법원 2017.11.29 2017고단7012
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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. In around 00:40 on September 26, 2017, the Defendant: (a) while drinking alcohol with the victim E (54) known at the main point of “D” located in the Gangnam-gu Seoul Gangnam-gu Seoul underground 1 level; (b) while drinking alcohol with the victim E (54) on a daily basis, the Defendant got off the part of the victim’s face and head due to drinking and drinking alcohol; and (c) the Defendant her head’s head’s head’s head’s head’s head’s head’s injury with the two main lines in the tables.

Accordingly, the Defendant assaulted the victim by using dangerous things, and inflicted an injury on the victim in terms of the number of treatment days where the rear part of the girrith is about 4 cm.

2. On September 26, 2017, around 01:15, the Defendant obstructed the police officer’s legitimate execution of duties concerning the suppression and investigation of crimes by assaulting the police officer, including the police officer, who was dispatched to the scene after receiving a report of the crime under paragraph (1) at the above main station G of the Seoul Gangnam-gu Police Station and the police officer such as the police officer, who was arrested him as a current criminal. In response to the arrest of the police officer, the Defendant refused to comply with the arrest of the police officer, and took a bath. In the course of patroling along with the police officer’s movement, the Defendant committed assault by assaulting the police officer, such as the police officer’s head.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each investigation report (with respect to the case of confirmation of on-site photographs, the confirmation of the situation of an on-site police officer wearing a police officer, the victim E’s hearing report of the victim E’s intention not to punish him/her);

1. Articles 258-2 (1) and 257 (a point of special injury) of the Criminal Act and Article 136 (1) of the Criminal Act (a point of interference with the performance of official duties) concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the execution of public duties by mutual consent and by interfering with the execution of public duties by mutual consent and by mutual consent between persons who are more severe);

1. Imprisonment with labor for a crime of obstructing the selective performance of official duties;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.

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