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(영문) 광주지방법원 2015.10.23 2015고단2677
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. On June 9, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault) committed assault against the victim E, a substitute driving engineer driving the relevant vehicle, by plucking three times as a drinking, and plucking, plucking, etc. of the victim E, who was a substitute driving engineer driving the vehicle, in the second cycle road, which is located in 617 as a regular business of the Seo-gu, Seo-gu, Gwangju, Gwangju, with C in the vicinity of the 617-gu. Around June 9, 2015, the Defendant used the driver of the vehicle in operation.

2. The Defendant interfered with the performance of official duties and the injury, at the same time and place as paragraph (1), and at the same time and place as paragraph (1) of this Article, prevented the victim’s legitimate performance of duties, such as assaulting the victim’s right angle, walking on the side of the road, and drinking and blusing on the face of drinking and blusing blus, etc., which led to the victim’s assaulting him to go to the road on the side. At the same time, the victim’s blusium, who is the border belonging to the Seoul Western Police Station F District Unit of the Seoul Western Police Station, sent to the police station, was in need of approximately one week medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police for the accused and each protocol of examination of the prosecution;

1. Each police statement to G, E, and C;

1. A H statement;

1. Photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13351, Jun. 22, 2015); Article 136 (1) and Article 257 (1) of the Criminal Act on criminal facts

1. 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. Although Article 62(1) of the Criminal Act of the suspended execution is not good for the Defendant to commit the instant crime during the suspended execution period due to the crime of injury, it is not good for the Defendant to commit the instant crime. However, all of the crimes are committed.

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