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(영문) 춘천지방법원 속초지원 2018.04.18 2017고단306
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

On June 10, 2009, the Defendant was issued a summary order of KRW 2 million as a result of obstructing the execution of official duties by the Seoul Southern District Court.

On July 23, 2016, the Defendant: (a) around 23:53 on July 23, 2016, on the front day of the funeral hall of the early medical center located in the territory of the Republic of Korea, from around 3:0 to around 23:53.

“Along with the report of 112,” discovered the Defendant, who was written in this parking lot D(33) of the Seocho Police Station C District, and the Victim E(33) who was dispatched to the site, and expressed the Defendant’s desire to “I am back to the Defendant, I am the Defendant’s body and walked the Defendant’s body on one occasion due to the Defendant’s malfunction, and walked with the Defendant’s wind door, with the Defendant’s walking the part of the victim’s bridge, and walked the victim’s bridge at several times due to the Defendant’s wind, and interfered with the proper performance of duties concerning the public safety and order of the police officer, and at the same time, the victim interfered with the Defendant’s lawful performance of duties concerning the public safety and order of the victim by assaulting the victim, such as the maintenance of the right side and the water quality of spaw, among the bad weather necessary for treatment between one month and one month.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F;

1. Statement prepared and made by the police for E;

1. Photographs and CCTV photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of injury) concerning criminal facts, the choice of punishment, and Article 257 (1) of the Criminal Act (the point of obstructing the performance of official duties);

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

1. Selection of imprisonment with prison labor chosen;

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

1. Based on the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account all the following conditions of sentencing, including the defendant’s age, sex, environment, background, means and consequence of the crime, and the circumstances after the crime.

The favorable circumstances: The fact that the defendant reflects the crime, and that 2 million won has been deposited for the victim: this shall not apply.

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