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(영문) 서울남부지방법원 2014.08.05 2014고단2187
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On April 30, 2014, around 17:40 on April 30, 2014, the victim E (year 29) who observed a scene of assaulting other persons before the D convenience stores located in Gangseo-gu Seoul Metropolitan Government, took a bath for the reason that the victim E (year 29) was prevented from committing his/her act, and took a part of the victim’s cocon part in the victim’s body at one time on the hand.

After all, the defendant, when he puts a plastic product into coin and administered the procedure, suffered injury that requires approximately five weeks of medical treatment, such as non-fluoral species.

2. On April 30, 2014, the Defendant obstructed the victim’s convenience store business by force, by assaulting the victim’s fating approximately 50 meters of the fatp, who works for the D convenience store as indicated in the foregoing paragraph (1), such as leading about 10 minutes of the fatp, etc.

3. On April 30, 2014, the Defendant committed assault, such as: (a) around 17:48, at the places indicated in the foregoing paragraphs (1) and on the same grounds as indicated in the foregoing paragraphs (1); (b) the security guards belonging to the G District in the Seoul Gangseo Police Station G District, which called “I ambi, son, bitbbbb, chine,” and bucking to arrest the Defendant by putting himself.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, E, and I;

1. Written statements of J and H;

1. Photographs of damaged parts;

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

1. Relevant Articles 257(1), 314(1), and 136(1) of the Criminal Act concerning criminal facts; the choice of imprisonment for a crime;

1. As to the Defendant’s assertion among concurrent crimes, the Defendant asserts that he was in a state of mental and physical disability by stating that he had no memory under the influence of alcohol at the time of committing the instant crime, and that he was in a state of mental and physical disability. As such, according to the records, the Defendant’s drinking at the time of committing the instant crime is acknowledged.

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