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(영문) 인천지방법원 2015.01.22 2014고단7926
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. On October 17, 2014, the Defendant: (a) around 22:00 on October 17, 2014, the Defendant destroyed the said vehicle to repair costing to KRW 757,680,00, by launching a string line of the Fadidiar car owned by the victim E, without any justifiable reason at the “Dcafeteria” parking lot located in Nam-gu Incheon Metropolitan City, Nam-gu.

2. Around 00:40 on October 18, 2014, the Defendant was waiting for the obstruction of performance of official duties and the Defendant’s bodily injury to be arrested and investigated for the same reason as described in paragraph (1) within the Southern-dong Police Station of 668 Incheon, Southern-dong Police Station, Incheon, for the same reason. On the other hand, the Defendant expressed a desire to “gingly sprinke” to the victim G (the age of 40) affiliated with the Incheon Southern-dong Police Station (the age of 40) who had been working therein, and put the victim into the left part of the metal manufacturer who had been working therein at one time, for approximately two weeks of treatment.

As a result, the Defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies, and property of the police officers, and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. A written diagnosis of injury and written estimate;

1. Application of Acts and subordinate statutes by capturing a photograph;

1. Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is that it is dangerous to form the crime of obstruction of performance of official duties, and that it is not good to commit the crime, such as inflicting bodily injury on the landscape in the course of performing official duties.

However, the fact that the victim E has agreed smoothly with the victim, the fact that part of the money was deposited for the victim G, the fact that all the crimes are recognized, the fact that there is no criminal record prior to the case, the family environment at the time of the defendant's crime;

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