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(영문) 서울남부지방법원 2015.01.29 2014고단2770
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 5, 2014, around 02:00, the injured Defendant: (a) was in the “Dnora bank” room 2 located on the first floor of Yeongdeungpo-gu Seoul Metropolitan Government C underground in Yeongdeungpo-gu, Seoul; (b) while the victim E (the age of 52) and the horse dispute were in a state of vision, and the victim’s face cannot be identified; and (c) the victim’s face cannot be identified.

2. 공무집행방해 피고인은 2014. 6. 5. 02:28경 서울 영등포구 F에 있는 서울영등포경찰서 G파출소에 제1항과 같은 상해죄의 현행범인으로 체포되어 온 후, 위 파출소 소속 경사 H이 피고인에게 인적사항을 묻자 욕을 하면서 손으로 위 H의 목을 잡아 조르고, 주먹으로 가슴을 때리고, 발로 정강이를 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties related to criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement of H police officer;

1. Application of relevant Acts and subordinate statutes to field reports and photographs;

1. Relevant Articles 257(1) and 136(1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Sentencing criteria;

A. First Crimes (Scope of Recommendation) (Obstruction of Performance of Official Duties) (Scope of the Obstruction of Performance of Official Duties) and the basic area (6 months to 1 year and 4 months) (special person) of the 1st Crimes (Obstruction of Performance of Official Duties) (Scope of Recommendation)

(b) A case of minor injury (including serious efforts for recovery of damage), a violation of punishment (including serious efforts for recovery of damage), or a case of recovery of considerable part of damage, within the category 1 (in general), the special mitigation area (1 to 1 (1) (1) (1 to 4), or the special mitigation area (1 to 1) (1) (1) (2);

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year and ten months;

2. The fact that the defendant was a criminal defendant who committed contingently in the state of the decision-making of sentence, the defendant also sustained bodily injury from the victim, and the victim's bodily injury is not punishable.

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