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(영문) 의정부지방법원 2014.09.29 2014고단2822
상해등
Text

A defendant shall be punished by imprisonment for six 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. Around 06:30 on June 24, 2014, the injured Defendant: (a) was drinking in Da Government-si B; (b) on the ground that the victim’s head and face were not repaid while drinking alcohol together with the victim D (28 years of age); and (c) on the ground that the victim’s head and face were knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-knea

2. At around 06:40 on the same day, the Defendant: (a) took an action that the F (28), a police officer belonging to the Speaker Police Station E Zone Group, dispatched upon receiving a report, took a large voice to restrain the Defendant’s act; (b) took an action that the F (28) expressed in the face of the Defendant; and (c) took an assault with F (F)’s chest due to his body, thereby obstructing the police officer’s legitimate performance of duties concerning the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, and D;

1. Each statement of H and I;

1. Application of statutes on photographs of damage;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Act: The second crime (finite) with no basic area (finite/finite of performance of official duties) (finite of June/14), which has no basic area (finite of June/finite of official duties), the scope of general injury [finite of recommendation] the mitigation area (finite of February/1), the mitigation area (finite of February/1), the mitigation area (including special mitigation), the mitigation area (including serious efforts for recovery of damage), or the recovery of considerable partial damage, the final sentencing range for multiple aggravated crimes: June/10 [finite of sentence] the sentence of June/10 [finite of June/10], and the sentence of violence committed to police officers performing official duties of two years of suspended execution, shall be considered as extenuating circumstances.

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