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(영문) 대전지방법원 2016.11.30 2016고단2975
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, at around 01:30 on July 6, 2016, when drinking alcohol and drinking alcohol such as B, at the main point of “D” located in Daejeon Seo-gu, Daejeon, Defendant A and the victim E (the age of 23) who drinking alcohol on the side table and was in a dispute with breabb, and flabing the Defendant’s clothes by drinking breath from the victim, and flabing the Defendant’s clothes, flabing the Defendant’s clothes, and flabing the head part of the victim’s head once.

As a result, the Defendant carried a sick-in disease, which is a dangerous object, and inflicted injury on the victim for brain-dead sugar without an open 14-day treatment for about 14 days.

2. Defendant B, at the time and place of paragraph (1) of this Article, assaulted the victim’s head head head by the victim’s scam with the victim’s head’s scam with the victim’s scam, etc., and continued to fighting as above after receiving a report on the 112 fact that the fighting occurred, Defendant B opened several patrol posts by the police officer G, who was called the F District of the Taeduk Police Station F District, to arrest A as a flagrant offender and to board the patrol vehicle. Defendant B obstructed the police officer’s legitimate performance of duties concerning the police officer’s criminal investigation and the handling of 112 reports by assaulting the H’s arms belonging to the same district unit where the police officer avoided him/her one time with his/her arms and the head.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to H, I, J, and K;

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

1. Relevant Article of the Criminal Act and Article 258-2 (1) and Article 257 (1) A of the Criminal Act: Defendant B: Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment);

1. Aggravation of concurrent crimes (Defendant B) Articles 37 (former part), 38 (1) 2 and 50 (within the scope of aggregated of long-term punishments of two crimes) of the Criminal Act;

1. Discretionary mitigation (Defendant A) Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Article 55(1)3 of the Criminal Act) 1.

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