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(영문) 서울서부지방법원 2015.02.12 2014고단3619
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 1, 2014, at around 22:15, the Defendant: (a) inflicted an injury on the victim C (age 56) with an inner part, such as a malopic part of the heart of the Seoul Western Police Station B, which was sent by the Defendant upon receiving 112 report that the Defendant would not get from a taxi under the influence of alcohol, such as the Defendant shouldered and paid the Defendant; (b) the Defendant was able to cherd and cherd the Defendant once again; and (c) the face was sent to the victim C (age 56) for about two weeks, with the face taken to be taken to drinking, and the face was sent to the victim C (age 56) for about two weeks.

As a result, the defendant interfered with legitimate execution of duties by police officers on public peace and maintenance of order, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Injury photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Where the reason for sentencing of Article 62(1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing) of the suspended sentence is the first crime (Obstruction of Performance of Official Duties) for the reason for sentencing (ii) of Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Jun. 1, 200) (the scope of the recommended sentence) and the second crime (f.g., assault) for the basic area (f., June through April 1) of the obstruction of Performance of Official Duties (f., the scope of the recommendation sentence) [f.g., the scope of general injury] for the mitigation area (b., the mitigation area (f., February to 1 year), the mitigation area (f.i., special mitigation), the exemption area (f., the degree of special mitigation), the exemption area (including serious efforts for recovery of damage), or the recovery of considerable damage from the sentencing of this case.

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