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(영문) 서울동부지방법원 2018.05.31 2018고단297
폭력행위등처벌에관한법률위반(공동상해)등
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. Around 00:40 on August 5, 2017, the Defendant and B violated the Punishment of Violences, etc. Act (joint injury) and on the ground that the Defendant’s wife and diving in the victim E (23 years old) in the outdoor test of the instant Defendant’s hair located in Gangdong-gu Seoul Metropolitan Government (23 years old), the Defendant met the victim’s hair face by cutting the victim’s hair, and the Defendant who was on the side was sleeped by cutting down the victim’s rear part less than the back part of the victim’s hair, and the Defendant was able to take the head debt of the victim and take the head debt of the victim out together with the Defendant.

As a result, the defendant, in conjunction with B (Suspension of Prosecution on the same day), has inflicted a bodily injury on the victim, such as lsheing the left eye and tearing.

2. Around 01:00 on August 5, 2017, the Defendant obstructed the performance of official duties, upon receiving a report on the same fighting as the above fighting set forth in paragraph 1 in front of the H restaurant located in Gangdong-gu Seoul Metropolitan Government G G, and sent the Defendant to the back seat of the patrol vehicle by the police officer of the Seoul Gangnam-gu Police Station I police station, Gangnam-gu, Seoul, who was called out after arresting the Defendant in flagrante at the lower seat of the patrol vehicle, and embling the Defendant to get out through the open left door, and assault the above J’s timber by cutting down the parts of the flaps and cutting down the flab.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J and E;

1. Application of Acts and subordinate statutes to photographs of damage (E), investigation reports (on-site CCTV images verification, on-site CCTV images verifications, and on-site CCTV images verifications);

1. Relevant Article 2(2)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2(2)3 of the Act on the Punishment of Violences, etc., Article 257(1) of the Criminal Act (the point of joint injury) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor;

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. The observation of protection and the circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order: The same crime is also committed in addition to the punishment of imprisonment due to injury.

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