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(영문) 서울중앙지방법원 2013.11.14 2013고단5824
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 25, 2013, at around 00:40 on August 25, 2013, the Defendant: (a) reported that the alcohol would be drunk in front of Seongbuk-gu Seoul, Seoul; and (b) the victim slope C (the age of 47) who called the victim’s slope C (the age of 47) who called the victim’s face at one time a week, saying, “I have any danger of accident on the road,” in order to return home to the Defendant.

As a result, the Defendant interfered with the legitimate performance of duties by police officers related to the protection of the lives and bodies of the people, and at the same time, suffered bodily injury, such as an internal and alley that requires medical treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site reports;

1. Duplicative photo;

1. A written diagnosis of injury;

1. Statement of opinion;

1. Application of investigation reports to statutes;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] general injury [Special Convicts] - In the case of failure to punish mitigation elements (including serious efforts to recover damage) or restoration of considerable damage, the case of obstruction of performance of official duties of injury (type 1, 4) among the aggravation elements [decision of the recommended sphere] 6 to 2 years [the scope of recommendation range] - In the case of obstruction of performance of official duties of causing bodily harm (type 1, 4] 6 to 2 years [the scope of recommendation range] - the serious proportion of mitigation elements [the scope of punishment] applicable provisions: the statutory punishment under Article 257(1) of the Criminal Act: 1 to 7 years additional punishment of concurrent crimes which are contained in a single type of imprisonment: 1 to 7 years; 1 to 7 years [whether the sentence of suspension of execution has been imposed]; where the negative commitment method or serious injury has occurred.

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