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(영문) 서울동부지방법원 2014.04.23 2013고단2184
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 00:01 on August 27, 201, the injured Defendant: (a) had the victim B (the age of 52) who is a substitute driver (the age of 52) waiting for 40 minutes in front of the GS convenience store located in Guri-si, 758-17, Guri-si; (b) had the victim waiting for 40 minutes; (c) had the victim demand a fee therefor; and (d) had the victim demand a fee for this; (e) had the left face part of the victim’s left face on one occasion due to drinking, he/she had his/her blood transfusion in the mouth of unknown detail.

2. On August 27, 2012, the Defendant was unable to conduct an investigation at the Guri police station located in the Guri-si, Guri-si, 462-3, the Guri-si, which was located in the Guri-si, and became unable to conduct an investigation to take measures for returning home. However, the Defendant obstructed the legitimate performance of duties by assaulting the victim D (the age of 47) who was the circumstances leading to the Guri police station C where the Defendant avoided the disturbance for about 10 minutes, such as drinking the civil petition room of the police station, and flying the sound, and interfered with the police officer’s actions for returning home.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement B and D to the police protocol;

1. Relevant provisions of the Criminal Act, Articles 257 (1) and 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

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

1. Reasons for the sentencing of Article 62-2 of the Social Service Order Criminal Act: The obstruction of the performance of official duties [decision of the recommended area] The basic area of the obstruction of the performance of official duties [the scope of recommendations] [the scope of punishment] from June to April 2 of year / [the general injury [special person] the general injury resulting from violence [the decision of punishment] the mitigation element / minor injury [the decision of the recommendation area] mitigation area / [the scope of recommendation area] from February to one year [the final sentence range].

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