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(영문) 서울북부지방법원 2016.08.31 2016고단2172
상해등
Text

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

Reasons

Punishment of the crime

1. On June 2, 2016: around 08:50 on June 2, 2016, the injured Defendant suffered injury, such as a franchising, etc., requiring approximately eight weeks of medical treatment to the victim, when he/she was prevented from viewing the victim’s cell phone from the victim E (V, age 21).

2. The Defendant who was injured and interfered with the performance of official duties on June 2, 2016, at the integrated investigation office of the Seoul Dongdaemun Police Station in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, where approximately 21-gil 29 (Cheongyang-dong) was located in Dongdaemun-gu, Dongdaemun-gu, Seoul, Seoul, and the police officer F of the above police station, who prepared a letter of arrest of flagrant offenders, will smoke.

When requesting several times to inform a person of the reasons arrested as a flagrant offender, he/she tried to take out and record a mobile phone.

The Defendant asked the victim H (29 years old)'s right side side of the police station to promptly refuse to complete the defects that he/she would have to wear, in order to maintain the order in the office of integrated investigation of the police station because the Defendant was instructed by F to "I cannot smoke tobacco because he/she was arrested as a current offender, she was seated on the job, she did not comply with such instruction, and thus, the Defendant asked the victim about two weeks of medical treatment.

As a result, the defendant interfered with legitimate execution of duties in the office for integrated investigation of police officers, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and H;

1. Article 257 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor for choice of punishment;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is one of the crimes in the first sentence of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which are set forth in the first sentence of the Act from 2 months to 1 April to 6 months from 1 June to 2 years.

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