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(영문) 서울동부지방법원 2014.10.16 2014고단1038
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. Around 07:00 on April 4, 2014, the Defendant: (a) took time off the victim’s face at the front of Gwangjin-gu Seoul Special Metropolitan City, on the ground that the victim E, who is a private taxi driver, refuses to take passengers; and (b) took twice the victim’s face.

As a result, the Defendant inflicted bodily injury on the victim, such as cerebral rupture, which requires medical treatment for about two weeks.

2. On April 4, 2014, at around 08:25, the Defendant: (a) frightened at the Seoul Mine Police Station F office located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-ro, 167 (Dongdong-dong); (b) frightened to fright tobacco while being arrested as a flagrant offender for committing the crime as prescribed in paragraph (1); (c) frightened the Defendant at the same police station that reads “I wish to do so, she will do so,” and frightened the Defendant’s fright to her hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on police station situation service.

3. At the same time and place as in paragraph 2, the Defendant expressed the victim’s H, a police officer who is a police officer, assaulted the police officer, as above, expressed the victim’s great desire to “I ambling, die, and thrown away. Governance, I ambling, I do not ambling.”

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G and H;

1. Statement of the police statement of E;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 257 (1), 136 (1), and 311 of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the sentence recommended by the sentencing guidelines [the decision of type] obstruction of performance of official duties, obstruction of performance of official duties (the decision of the recommended area].

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