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(영문) 춘천지방법원 2017.03.28 2017고단51
폭력행위등처벌에관한법률위반(공동상해)등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 25, 2016, the Defendant violated the Punishment of Violences, etc. Act (joint injury) committed an act of assaulting the victim F F (F) at the front of Chuncheon City C and D restaurant at around 22:41 on November 25, 2016, following the misunderstanding that the victim F (F) was aware that the victim F was satisfed and satched, the victim’s satisfing, the Defendant and the above E’s female-friendly appearance G was assaulted by the victim from the above damage, and that G was satfeed by the victim’s head head debt, and the Defendant was satfed by using the victim’s head debt on the floor, and caused the victim’s satfeing damage to the victim’s head 21 days in need of medical treatment.

Accordingly, the defendant, together with G, injured the victim.

2. The defendant who has interfered with the performance of official duties was dispatched to the military court on the date, time, and place referred to in the preceding paragraph with 112 report and raised it by cell phones

The victim I (45 3) who was the guard of the H District, "if he was aware of the escape, and if he was aware of the escape, he shall die." The victim assaulted the victim on one occasion by walking the vessel of the victim.

Accordingly, the defendant interfered with the legitimate execution of official duties by the victim on the site dispatch and investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 2(2)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2(2)3 of the Act on the Punishment of Violences, etc., Article 257(1) of the Criminal Act (the point of joint injury) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor;

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

1. Crimes on the grounds for sentencing under Article 62(1) of the Criminal Act in the suspended sentence [the scope of recommending punishment] [the basic area (from April to January 1) of the Act on the Punishment of Violences, Etc.] (the scope of recommending punishment] (the scope of punishment] of the Act on the Punishment of Violences, Etc. (the scope of recommending punishment] [the concurrent crimes (the crime of obstructing the performance of official duties) in which there is no person who is a special sentencing person] [the scope of punishment]

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