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(영문) 인천지방법원 2018.05.24 2018고단1035
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 4, 2018, around 01:15, the Defendant: (a) was arrested as a current offender of the assault against the criminal who was in the vicinity of Seo-gu Incheon, Seo-gu; and (b) was heard from February 4, 2018 to February 01:30 to February 10, 201, from the E Unit located in Seo-gu, Incheon to the day of February 4, 2018 to 02:10 on February 4, 2018 by the Defendant, the Defendant, the police officer belonging to the said Ra, “I will not be subject to the imposition of tax against the Defendant.”

The victim openly insultingd the victim by referring to a large amount of lush, Chewing.”

2. Around 03:15 on February 4, 2018, the Defendant was arrested as the current offender of the assault, as described in paragraph (1) of the same Article, and was transferred to the said E district, and the Defendant expressed a bath to the victim H (39 years old) who is the police officer belonging to the police station in the atmosphere, to hand over the police station having jurisdiction over the Defendant, etc., and received the victim’s cocon part at one time on his/her head, and inflicted injury on the victim, such as a thring, for about three weeks of treatment.

As a result, the defendant interfered with the legitimate execution of official duties by police officers on criminal investigation, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes to police officers' diagnostic certificates;

1. Relevant Article 311 of the Criminal Act, the choice of punishment for the crime (a point of insult) and Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act (a point of harm), and the choice of imprisonment with prison labor;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments of the above two crimes, which are prescribed for the heavier punishment, shall be aggravated);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than eight years;

2. Determination of sentence;

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