(영문) 서울남부지방법원 2013.10.02 2013고단1381

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(영문) 서울남부지방법원 2013.10.02 2013고단1381

상해등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 23:00 on April 11, 2013, the Defendant, while under the influence of alcohol, entered the back seat of the taxi located in front of the Cmiddle School located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, into the lower seat of the taxi, and opened the victim D (year 41) who was seated in the lower seat of the taxi out of the lower seat of the taxi and pushed the victim out of the lower seat so as to cause about two weeks of treatment.

2. On the same day, the Defendant damaged the property amounting to KRW 619,735,00,00 for the repair cost, by generating the steering head of F private taxi owned by the victim E, who was waiting for a signal signal at the front of the above C Middle School at around 23:13.

3. At around 23:30 on the same day, the Defendant: (a) dispatched to the above C Middle School; (b) received 112 reports; and (c) tried the Defendant to board the patrol vehicle after notifying the Defendant of the arrest of a flagrant offender; (c) caused the Defendant to have his beamd several times; and (d) interfered with the police officer’s legitimate performance of duties concerning the police officer’s arrest of flagrant offender by assaulting H on one occasion the left upper part of the engine.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D, and part of the witness I's legal statement;

1. Each police statement of E and H;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant Articles 136(1), 257(1), and 366 of the Criminal Act concerning the facts constituting an offense, 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the victims of the crime of injury and damage to property have been smoothly agreed with, the fact that the crime is a contingent crime under the influence of alcohol, and the fact

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