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(영문) 서울중앙지방법원 2014.09.24 2014고단5341
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. At around 22:50 on March 21, 2014, the injured Defendant: (a) was under the influence of alcohol in front of the branch office of the Gangnam-gu Seoul Jongno-gu Branch of the Korean Bank (Seoul Jongno-gu Seoul), and was under the influence of alcohol to the victim C, such as “Ig, Ig, Ig to see”; (b) breath, flap, flap, face, hand hand, etc.; and (c) caused injury to the victim, such as duplicing the left-hand left-hand dup abandonment, glaf, etc., requiring approximately eight weeks medical treatment.

2. The Defendant: (a) arrested a flagrant offender on the ground of paragraph (1) and escorted the police patrol lane on the ground that he received 112 reports; and (b) sent the police station’s slopeD, etc.

On March 21, 2014, the Defendant, at around 23:10 on March 21, 2014, arrived at the F police box located in Jongno-gu Seoul, Jongno-gu, Seoul and obstructed the police officer’s legitimate performance of duties concerning the maintenance of public order by assaulting the backline of the instant slope D on one occasion and walking at the patrol vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning G and C;

1. Written statements of D;

1. A letter of injury diagnosis (C) facsimile;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment for a crime;

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 (the following grounds for sentencing)

1. Where reasons for sentencing under Article 62-2(1) of the Social Service and Article 59 of the Act on Probation, etc. are met: (a) the mitigated area (2-1 year), the mitigated area (2-1 year), the mitigated area (2-1 year), or considerable damage is recovered, the second crime (4-2 (4) of the Social Service and Criminal Act; (b) the obstruction of performance of official duties.

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