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(영문) 인천지방법원 2018.06.21 2018고단189
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

At around 05:40 on December 17, 2017, the Defendant was arrested of a flagrant offender at around 06:00 on the same day and moved to the Incheon Bupyeong Police Station on the charge of assaulting D (25) and E (19) who is a security staff member of the C Hospital located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. On the 37 Dong-dong apartment 11 in the vicinity of the Incheon Bupyeong-gu, Bupyeong-gu, Incheon, the Defendant took the face of the Victim G (47 years old) who was seated next to the police box belonging to the Incheon Bupyeong-gu, Bupyeong-gu, Incheon. At the same time, the Defendant sold the face of the Victim H (27 years old) who was affiliated with the police box who tried to restrain the above action by the Defendant, and was in need of prevention and investigation of the above crime and interference with the execution of his duties, and at the same time, the Defendant was not in accordance with the legitimate treatment of the said police officer, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. A report on internal investigation:

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties) concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes: In the case of interference with the performance of official duties in the aggravated area (six months to two years) of each offence of bodily injury [the scope of recommended punishment] general injury (the general injury) (6 months to two years)

B. Basic crimes and crimes in the ordinary concurrent relationship with each other: The scope of final sentence due to the aggravation of multiple crimes for which there is no basic area (from June to one year and six months) (any person subject to special sentencing) of the basic area (from June to one year and six months): for at least six months (for each crime of injury and each crime of interference with the execution of official duties, the scope of punishment is in the ordinary concurrence relationship.)

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