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(영문) 서울서부지방법원 2018.12.06 2018고단2960
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 1, 2018, the Defendant: (a) around 02:30, the Defendant: (b) opened a back seat and set off a taxi on the ground that D does not walk on the Defendant’s mother’s phone while getting on and off an E- taxi driven by D at the point of entry (a two-line lamps) near Mapo-gu Seoul Metropolitan Government C.

Defendant: (a) requested from the Victim F (F) who is a driver of the foregoing taxi to stop and drive the taxi on the right side; (b) the victim and the driver of the foregoing taxi to stop the taxi on the right side; and (c) the victim and the driver of the vehicle to stop the taxi; (d) the victim and the driver of the vehicle to stop the taxi on the right side; and (e) the victim shouldered his/her upper arms; and (e) the victim’s arms to stop on the right side in need of treatment for about 21 days.

2. 공무집행 방해 피고인은 2018. 7. 1. 03:50 경 서울 마포구 망원동 소재 망원 2 치안 센터에서 112 신고를 받고 출동한 서울 마포 경찰서 G 소속 경장 H으로부터 제 1 항과 같은 이유로 상해죄의 현행 범인으로 체포되어 오자 경찰관들을 향해 눈을 부릅뜨고 노려보며 수차례 욕설을 하고, 위 H으로부터 제지 당하자 오른발로 H의 왼쪽 복부를 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to criminal investigation reports ( obtaining photographs on the scene of a crime, and telephone communications for witnesses);

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 (The following favorable circumstances):

1. Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Act: The defendant inflicts an injury on another person without justifiable grounds and exercises violence against police officers dispatched.

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