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(영문) 수원지방법원 성남지원 2018.01.24 2017고단3338
상해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. Around December 2, 2017, the Defendant used a knife, a knife, a dangerous object in the kitchen, and used a knife, a knife, and a knife, a knife, and a knife, of a knife, of a knife, with a knife, with a knife of a knife, with a knife, with a knife, with a knife at the Defendant’s residence located in Hanam-si and 202.

2. When the Defendant interfered with the performance of official duties and the Defendant was arrested by the police officer F from the police officer F, who was called up with D while assaulting D at the time and place specified in paragraph 1, due to an act of assaulting the victim’s face by committing an act of assault, the Defendant resisted against the police officer F, who was called up after receiving 112 report while assaulting D at the time and place specified in paragraph 1.

As a result, the Defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reported cases and arrest of flagrant offenders, and at the same time, the Defendant inflicted an injury to the victim, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D;

1. Notification of 112 incidents;

1. Investigation reports, site photographs, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Hearing statements of victims), opinions, and medical certificates;

1. Articles 261, 260(1) (a) (a point of assault to carry dangerous articles), 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and Article 257(1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes No. 2 in the event of interference with the execution of official duties in the aggravated area (six months to two years) of Class 1 (General Bodily Inflicting) of the sentencing criteria, the scope of the recommended punishment [the scope of the recommended punishment] under the sentencing criteria shall be limited to the crimes of assault (the scope of the recommended punishment].

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