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(영문) 광주지방법원 2018.07.06 2018고단1566
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 31, 2017, around 07:29, the Defendant destroyed the automatic entrance door, which is owned by the victim, from the E hospital operating the victim D in Gwangju Seo-gu, by allowing the victim not to move off several entrances without any reason, under the influence of alcohol at the E hospital operating the victim D in Gwangju-gu.

2. Around 08:10 on the same day, the Defendant interfered with the performance of official duties and injured the Defendant: (a) arrested a flagrant offender suspected of causing damage to the said property at the G police station located in the Seo-gu in Gwangju, Seo-gu, Gwangju, and was sitting at a small wave; (b) carried the Defendant’s breast and face connected to the waves to transfer the Defendant to the Seo-gu police station in Gwangju, and (c) carried the Defendant’s chest and face of Ha (30 years old), who was a policeman belonging to the said G police station.

As a result, the defendant interfered with the legitimate execution of duties of police officers regarding the arrest of flagrant offenders, and at the same time, the defendant injured the victim of the arms that require approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to J, K, I, and H;

1. A medical certificate;

1. Application of field photographs and each investigation report (related to the scene of crime) Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act (the point of injury), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. Circumstances in which the degree of violence used in the course of a crime that obstructs the performance of official duties in sentencing is disadvantageous, and the defendant acknowledges all the facts of the crime and repents the wrong facts, and the circumstances favorable to the victim of the damage of property have no record of crime and agreed with the victim of the damage are considered.

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