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(영문) 서울동부지방법원 2014.06.11 2014고단1139
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 May 3, 2014, around 04:43, the Defendant: (a) taken a D taxi operated by the injured party C (the age of 54) at each end station in Jongno-gu Seoul Metropolitan Government real-dong; (b) paid a charge in front of the Korean National Bank located in 1443 as the two sides of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu; (c) was plicked by the injured party’s hand on the ground that the Defendant was not a destination at which the Defendant was his/her end.

As a result, the Defendant got off the old malmorry in which the number of days of treatment could not be known to the victim.

2. 공무집행방해 피고인은 위와 같은 일시ㆍ장소에서 112신고를 받고 출동한 서울강동경찰서 E지구대 소속 경찰관인 경위 F이 제1항의 범죄사실로 피고인을 현행범인으로 체포하고 위 C를 칼로 찔러 죽이겠다고 협박하는 피고인을 제지하자, 위 F의 다리를 발로 1회 걷어찼다.

The Defendant continued to commit assault, such as receiving the face of the F one time, in front of the Seoul Gangseo Police Station E District, Gangdong-gu Seoul Metropolitan Government E.

Accordingly, the defendant interfered with the police officer's report processing and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to F and C

1. Relevant provisions of the Criminal Act, Articles 257 (1) and 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. On the grounds for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence, Category 1 (Decision on the Suspension of Performance of Official Duties) [Decision on the Suspension of Performance of Official Duties] Basic Field / [Scope of Recommendation] / [General Injury] / Decision on the Suspension of Punishment / Decision on the Punishment / Decision on the Punishment / Decision on the Punishment / Decision on the Punishment ] Decision on the Punishment / Decision on the Punishment of Minor Injury / Decision on the Punishment / Decision on the Punishment / Decision on the Punishment / Decision on the Punishment / Decision / Decision on the Punishment / Decision on the Punishment ] Special Mitigation Area / Decision on the Punishment / Decision on the Punishment / Decision ] from one year to one

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