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(영문) 의정부지방법원 2017.01.13 2016고단4559
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 May 30, 2016, at the “D” parking lot located in Sacheon-si, Sacheon-si, Sacheon-si on May 30, 2016, the Defendant is aware of the victim E (51) who was a substitute driver for whom one’s contact had been received, as drinking.

The breath’s breath theory is as follows: (a) the victim’s breath with the hand floor two times, (b) the victim’s breath part was walking three times in the part of the victim’s breath, and (c) the victim was in need of medical treatment for about 14 days as spathing the breath’s breath, and the victim was in need of spathical treatment.

2. At around 23:40 on May 30, 2016, the Defendant obstructed the police officer’s handling of reports and conducting his/her duties in relation to the investigation of the instant case by assaulting him/her, such as assaulting him/her, under the influence of alcohol, to be asked about the background of the injury case under the said paragraph (1) from the slope G belonging to the F District G and the slope H, dispatched upon receiving the said report from the said E, and committing assaulting him/her on his/her face, i.e., keeping him/her in custody, and taking h’s face, and interfering with the police officer’s handling of reports and conducting his/her duties in relation to the investigation of the case.

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of G and H;

1. An investigation report (verification of the contents of the records 55 copic records and video records);

1. The 112 reported case handling table and the medical certificate of injury;

1. Application of photographs and CD-related Acts and subordinate statutes to crime scene;

1. Relevant Article 257(1) of the Criminal Act, 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 the choice of punishment for each crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines for the crime No. 1 (Obstruction of the Execution of Official Duties) is limited to the scope of the recommended punishment according to the sentencing guidelines, and the crime No. 2 (Assault) is limited to the mitigated area (two months-one year-one year-one year-one year-4 months) (the scope of the recommended punishment) (the scope of general injury) and the mitigated area (two months-one year-one year-one year-one year-one year) (the person subject to special mitigation).

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