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(영문) 수원지방법원 여주지원 2013.07.12 2013고단416
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 06:58 on May 18, 2013, the Defendant: (a) went to the house of the neighboring victim D(71) (the age of 71) who had an unfresh appraisal in front of the Gyeonggi Pyeong-gun Group C, and the victim reported it to the police station; (b) 4 times on the left side of the victim’s face as drinking by the victim; (c) taken three times on the left side of the over victim’s left side fresh by taking three times on the left side part of the victim’s fresh, thereby causing injury to the victim, such as salt, tension, etc. of the right shoulder, which requires treatment for about two weeks.

2. At around 07:10 on May 18, 2013, the Defendant, while exercising violence against D at the above location, committed assault, such as plucking, plucking, plucking, and plucking, plucking, etc. of the above F’s face, following the Defendant’s plicking of the said F’s face at one time as drinking by drinking it, and plucking, plucking, etc. of the above G’s right-hand hand, and plucking, plucking, plucking, etc. of the left hand hand hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. A written diagnosis of injury to D;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act applicable to the crime and Article 136 (1) of the Criminal Act (the point of injury) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment shall be imposed for the crimes of obstruction of performance of official duties among the crimes of obstruction of official duties, and for G with heavy circumstances);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for a more severe injury);

1. The degree of injury to the victim D under Article 62(1) of the Criminal Act is not significant, the defendant has no criminal record of suspended execution or heavier, and the defendant has been detained for a considerable period of time;

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