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(영문) 수원지방법원 평택지원 2018.07.18 2018고단744
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On March 6, 2018, the Defendant: (a) boarded a cab under the influence of alcohol on the roads located in Pyeongtaek-si 5:20, Pyeongtaek-si 5:56; and (b) returned home; (c) the Defendant demanded the victim to get off the cab by exposing the back gate of the cab; (d) the victim’s face gate is cut off one time at the victim’s face part; (c) the victim’s face and head gate is cut off at two times at the si; and (d) the victim’s face and head gate was assaulted by assaulting the victim two times at the si; (e) the 6-day treatment of the cab is necessary; and (e) the victim’s head gate is cut off; and (e) the victim’s head gate is cut off; and (e) the 1-day treatment is closed.

2. Around 00:30 on March 6, 2018, the Defendant obstructed the police officer’s lawful performance of duties concerning handling reports and arresting flagrant offenders by assaulting the front of the Dong office located in Pyeongtaek-si, the center of Pyeongtaek-si, 261, in front of the Dong office, and 112 reported in relation to the assault referred to in paragraph (1) by the said D, and visiting the case, and arresting the Defendant as a flagrant offender on suspicion of assault, and taking the Defendant into custody once he takes the face of the said FF face on one occasion in drinking while taking a bath, and continuously moving the Defendant into the patrol vehicle, by assaulting the police officer’s face part of the said FF on several occasions, and obstructing the police officer’s 112 handling duties and arresting flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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 suspension of execution (the following favorable circumstances):

1. Social service order under the Criminal Act;

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