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(영문) 청주지방법원 2017.06.09 2017고단441
상해등
Text

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

Reasons

Punishment of the crime

On February 19, 2017, at around 20:45, the Defendant received 112 reports from the victim F of the circumstances belonging to the Mansan Police Station E District, in order to verify whether he/she is subject to a report.

The defendant is pushing the right shoulder of the victim who confirms a car in which the defendant was on board in his hand, and "whether there is why he is any scar."

"At the same time, I am at the right face of the victim in drinking."

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of the 112 reported case, and at the same time, the Defendant committed an internal and internal drugs and tissues that require approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of F;

1. A protocol concerning the interrogation of the accused by the prosecution (two times);

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

1. Notification of departments related to the report of 112 Incident, explanation of photographs, and application of statutes to the medical certificate of injury;

1. Article 257 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. As to the Defendant’s assertion of the Defendant’s choice of imprisonment with prison labor, the Defendant asserts that he was in a state of mental or physical weakness or loss under the influence of alcohol at the time of committing the instant crime, according to the records, the Defendant’s drinking at the time of committing the instant crime is recognized. However, in full view of the circumstances such as the background and result of the instant case, the Defendant’s behavior before and after committing the crime, etc., it cannot be deemed that the Defendant did not have or lacks the ability to discern things, and thus, the above assertion is rejected.

The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances of sentencing and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

The defendant has no record of punishment exceeding a fine.

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