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(영문) 서울북부지방법원 2015.08.19 2015고단1869
상해등
Text

Defendant

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

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

Reasons

Punishment of the crime

On May 21, 2015, at around 02:10, the Defendants 02:10, performed fighting with one another while drinking together “D” in Gangnam-gu Seoul, Seoul, while receiving 112 reports, and Defendant B expressed that “I am fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe f fe fe fe fe f f fe f f fe fe f f fe f.”

As a result, the Defendants jointly interfered with the legitimate execution of duties of police officials F regarding the handling of 112 Reporting Cases, and Defendant A, at the same time, inflicted an injury on the victim F, such as an open room on the left side in need of approximately two weeks medical treatment.

Summary of Evidence

1. Defendant A’s partial statement, Defendant B’s legal statement

1. The police statement concerning F;

1. Each written statement of G and H prepared;

1. Each investigation report (the sequence 8, 9, 22 in the list of evidence);

1. Application of Acts and subordinate statutes governing victim F standing photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 257(1), 136(1), and 30 of the Criminal Act

B. Defendant B: Articles 136(1) and 30 of the Criminal Act

1. Defendant A who commits an ordinary concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a person who commits a heavier injury);

1. Selection of each sentence of imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. Defendant A

(a) The scope of applicable sentences under law: one month to seven years; and

(b) The case of obstruction of performance of official duties by applying the sentencing guidelines (amended by October 1, 2014) (the scope of recommending punishment) (the scope of recommending punishment) general injury area of category 1 (General Injury): the aggravated area (6-2 years);

2. Defendant B

(a) The scope of applicable sentences under law: one month to five years; and

B. Application of the sentencing guidelines (amended by October 1, 2014) (amended by the Sentencing) (the scope of recommending punishment)

3. Determination of sentence;

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