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(영문) 서울동부지방법원 2015.04.30 2014고단2833
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. On August 14, 2014, the injured Defendant: (a) around 04:45, on the front side of Gwangjin-gu Seoul Special Metropolitan City, the victim D(24 years of age) expressed himself/herself to the roadway; and (b) on the ground that the victim D (24 years of age) expressed himself/herself to the roadway, the victim’s timber was boomed, and the victim’s boomed up to the floor so that it is impossible

Accordingly, the defendant injured the victim.

2. The Defendant: (a) took an inquiry of the circumstances of the instant case from the border F of the Seoul Mine Police Station E District Police Station, which was dispatched after receiving a report of 112 at the same time and place as Paragraph (1) of the same Article; (b) took a bath to the Defendant, stating, “I have to go to go to see if I have to go to go to her.” (c) When I have come to go to the said F on a drinking ground, I have committed assaulted the Defendant by putting his arms onto the floor, cutting off his arms on the floor with two hand, continuing to stop this, and cutting G to the same patrolman who was under his control.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reported handling.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Each statement of H, F, and G;

1. Application of the Acts and subordinate statutes governing the victim's photographic body photograph, victim F's photograph, victim F's tear teared working log photograph, blus earphone photograph, and upper body photograph of the victim's G, which were assaulted against the suspected victim A;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

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. Suspension of execution under Article 62 (1) of the Criminal Act ( normal circumstances, such as the fact that there was no criminal record who had been severely punished before, that the criminal defendant was living under confinement and appears to repent, and that there was a smooth agreement with the victim D);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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