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(영문) 서울중앙지방법원 2014.08.08 2014고단2516
상해등
Text

A defendant shall be punished by imprisonment for 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. 상해 피고인은 2014. 2. 22. 16:50경 서울 중구 C에 있는 D 지하철 2번 출구 앞에 있는 피해자 E(여, 60세)이 운영하는 오뎅가게에서 오뎅을 먹은 후 피해자가 돈을 달라고 하였다는 이유로 ‘씨발년아, 돈 줬잖아’라고 욕설을 하면서 들고 있던 종이컵에 담긴 뜨거운 오뎅 국물을 피해자의 왼쪽 얼굴에 뿌려 치료일수 불상의 안면부 화상을 가하였다.

2. The Defendant: (a) during the process of treating the Defendant as a flagrant offender and handing over the Defendant to a police box at the front of the police box located in Jung-gu Seoul, Jung-gu, Seoul; and (b) assaulting the Defendant at the right hand floor of the above F’s face at one time; (c) obstructed the police officer’s legitimate execution of his duties concerning the arrest of flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Record 41, 43 pages);

1. Relevant Article 257(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of injury and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

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

1. The sentencing range of Article 62-2 of the Social Service Order Criminal Act: The first category of bodily injury (in the case of general injury), the basic area (in the case of April to June), the basic area (in the case of a special person) of the first category (in the case of a person subject to recommendation), the scope of the second category (in the case of a person subject to the obstruction of performance of official duties), the mitigation area (in January to August), the mitigation area (in the case of a special mitigation), the degree of violence, intimidation, and deceptive scheme (in the case of a person subject to special mitigation), the final sentencing scope according to the aggravation of multiple crimes: April to October (in the case of a sentence), the defendant is against the majority offender, the degree of damage to the victims, and the defendant.

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