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(영문) 서울중앙지방법원 2018.09.19 2017고단7835
상해등
Text

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

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to his or her own illness:

1. On October 28, 2017, around 13:10 on October 28, 2017, the injured Defendant inflicted injury on the victim C (84 tax) by drinking to the victim C (84 tax) in front of the department store music, without any justifiable reason, on the part of the victim’s face, resulting in an injury on the part of the inner part that requires treatment for about 14 days.

2. The Defendant who interfered with the performance of official duties committed an assault against the Defendant, who was called on the site after receiving 112 reports, such as assaulting the Defendant at the same time and at the same place as Paragraph 1 of this Article, and f, who was a police officer belonging to the Seoul Gwanak Police Station D District Unit of the Seoul Gwanak Police Station, and assaulted the Defendant by asking him about the facts of assault, etc., e., leading him to drinking, e., leading him, leading him to drinking, and the Defendant continued to walk on the part of the Defendant, and the F was able to keep him out of drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E and F;

1. A written statement of C (victim), G and H;

1. The application of damaged photographs, investigation reports (the act of preventing mental division of a suspect shall be hospitalized in a normal-time hospital in Seoul), investigation reports (the act of checking and changing the name of the crime of the suspect 1), and the application of Acts and subordinate statutes of the letter of diagnosis of injury;

1. Relevant Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 44-2 (1) of the Medical Treatment, Custody, etc. Act, for observing protection and issuing medical treatment orders;

1. The scope of punishment by law: Imprisonment for one to five months;

2. Application of the sentencing criteria;

(a)an injury;

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