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(영문) 서울남부지방법원 2018.02.23 2017고단6479
상해등
Text

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

Reasons

Criminal facts

1. Around 10:50 on December 19, 2017, the Defendant publicly obscenity committed obscene acts, such as putting his/her wife in the front of “D” and on the road, which is the Defendant’s residence located in Guro-gu Seoul Metropolitan Government, with his/her inner location off and exposing his/her sexual organ.

2. Around 11:00 on December 19, 2017, the Defendant was at the “F Hospital” parking lot located in Guro-gu Seoul Metropolitan Government, and was reported in the same circumstance as Paragraph 1, and was sent to the site, and was traveling patrols to verify whether the Defendant was receiving medical treatment at the above hospital, and received a demand for the vehicle. On the other hand, on the ground that the Defendant did not want to enter the above hospital, the Defendant was at the victim H (the age of 49), who was in need of approximately 8 weeks of medical treatment, suffered injury, such as the injury by moving patrols to the lane to verify whether the Defendant was receiving medical treatment at the above hospital.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the prevention, suppression and investigation of crimes, and at the same time injured the victim H.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement prepared by I, J, and K;

1. On-site CCTV images;

1. Application of Acts and subordinate statutes of each written diagnosis of injury to H;

1. 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 Article 245 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment between the crime of injury and the crime of obstructing the performance of official duties, and the punishment prescribed for the crime of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

1. As to the defense counsel’s assertion of the defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act aggravated concurrent crimes, the defense counsel at the time of the instant crime shall have mental or physical loss or mental weakness due to mental illness such as tidal illness at the time of the instant crime.

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