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(영문) 전주지방법원 2015.04.23 2014고단2140
상해등
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

Criminal facts

On October 20, 2014, at around 22:45, the Defendant was demanded to “to return home” from the victim E (the age of 49) and the horse F (the age of 34), who was called for, “to return home” in front of the restaurant located in the Yansan-gu Seoul Special Metropolitan City, upon receiving a report that “the proprietor gets off the disturbance at the time,” and “the proprietor gets out of home” in front of the restaurant located in the Yansan-gu Seoul Special Metropolitan City.

그러자 피고인은 피해자 E에게 “너는 나보다 힘도 없으면서 어떻게 처리를 하느냐 ”라고 말하면서 주먹으로 피해자 E의 얼굴과 가슴부위를 5~6회 정도 때리고, 피해자 F에게 “씨발, 좆도 계급도 낮은 것들이 뭘 한다고 하냐. 안 그래, 예쁜 아가씨 ”라고 말하며 주먹으로 피해자 F의 배와 가슴 부분을 5~6회 정도 때리고, 발로 피해자 F의 왼쪽 발을 찼다.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the prevention of crimes and the maintenance of public peace and order, and at the same time, the Defendant committed a string of the part in need of approximately two weeks medical treatment to victims E, and the string of the double wall in need of medical treatment to victims F for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written diagnosis);

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act suspended execution (The fact that a defendant who has no record of criminal conduct commits the crime of this case by contingency during his/her commission, the defendant has repented his/her mistake in depth, and deposited KRW 1.5 million in the future of the victims, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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