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(영문) 서울중앙지방법원 2014.10.28 2014고단5239
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 of the final judgment.

Reasons

Punishment of the crime

1. On July 15, 2014, around 01:30 on July 15, 2014, on the ground that the Defendant’s home located in the Defendant’s house located in Gangnam-gu Seoul Metropolitan building C, the victim D (here, 45 years of age) who is the denial of the Defendant’s sexual intercourse was denied, making the victim’s breath of the number of days of treatment, and the victim’s breath inception

2. On July 15, 2014, around 03:10 on July 15, 2014, the Defendant: (a) obstructed police officers’ legitimate execution of duties concerning handling reports and protecting victims by assaulting the victim slopeF of the Seoul Gangnam Police Station Epis, who called out after receiving a report of 112 at the said place, to return the said D to the hospital; and (b) destroyed the said F’s face by cutting off the floor by cutting the brightness which was used while leaving the face of the said F.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial testimony of F;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to F and D;

1. Application of field photographs, photographs of damage to the victim's inside, and statutes on the victim's upper photograph;

1. Relevant Article 257(1) of the Criminal Act, the choice of punishment for the crime, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of obstruction of the performance of official duties and the crimes of destroying and damaging property, and punishment imposed on the crimes of grave obstruction of the performance of official duties);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

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

1. The defendant and his defense counsel's assertion of the defendant under Article 62-2 of the Criminal Act and the order to attend a lecture asserts that the defendant had no intention to interfere with the performance of official duties or damage of property, since he was merely an influence against the defendant by the police officer at the time when he prevented the defendant, and thus, he did not have an intention to interfere with

However, this shall not apply.

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