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(영문) 서울동부지방법원 2018.07.12 2018고단1689
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 31, 2018, around 00:05, the injured Defendant: (a) driven a victim C (43 tax) who is an acting driver, and (b) installed a vehicle in front of Songpa-gu Seoul, Songpa-gu, Seoul; and (c) changed the cost of driving the vehicle without any special reason; (d) changed the cost of driving the vehicle, and (e) francing the victim’s breath, francing the breath by hand; and (e) sustained the victim’s hair and francing the franc, etc., which requires treatment for about 14 days, by drinking the victim’s head and selling.

2. The Defendant interfered with the performance of official duties was on the spot of the E zone located in Songpa-gu Seoul on March 31, 2018, on which he was arrested as the current offender and was in custody.

Hand-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-line

As above, the Defendant interfered with the legitimate execution of duties of police officers with respect to global service and the transfer of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against C, G, H, and F;

1. Application of Acts and subordinate statutes to damaged photographs and written diagnosis of injury;

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Although the ordinary concurrent prosecutions were indicted only for substantive concurrent crimes, it appears to have omitted the application of the ordinary concurrent crimes due to mistake (see, e.g., Supreme Court Decision 2009Do3505, supra). Articles 40 and 50 of the Criminal Act

1. Selection of each sentence of imprisonment;

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. The Criminal Act, the suspension of execution;

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