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(영문) 인천지방법원 2017.10.26 2017고단3918
상해등
Text

Defendants shall be punished by imprisonment for four months.

However, from the day this judgment became final and conclusive, the Defendants are above one year each.

Reasons

Punishment of the crime

1. Defendant A

A. On January 22, 2017, around 02:15, the Defendant suffered injury in need of medical treatment for a period of 14 days in front of the Seo-gu Incheon, Seo-gu, Incheon, on the ground that he fell with the victim F (37 years of age) who was trying to drive a cab, due to drinking, when having taken the face of the victim several times, due to drinking, the Defendant sustained injury that requires medical treatment for a period of 10 days in front of the right side of the victim, and 14 days in front of the right eye.

B. A special assault: (a) the Defendant resisted the Defendant’s act at the same time, at a place, and at F’s place as that of paragraph (a); (b) obstructed the victim’s face once in drinking; and (c) assaulted the victim by gathering trees, which are dangerous objects located therein, and by harming the victim by harming the victim.

2. Defendant B: (a) arrested Defendant B as a current offender at the same date and time, and at the same place as Defendant B’s paragraph (a) of Article 1; (b) arrested Defendant B, a police officer, who belongs to H and Rab group, a police officer, who works for the Defendant; and (c) interfered with the police officer’s legitimate performance of duties regarding the arrest of a flagrant offender by putting I’s hand his hand with his hand, and

3. Defendant C arrested Defendant C, at the same time, at the same place as that set forth in paragraph (1)(a), where H and I were on duty, as a flagrant offender with interference with the performance of official duties. Defendant C, by hand, obstructed the police officer’s legitimate performance of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness I and H;

1. Some of the statements made to the defendant A, F, or G concerning the police suspect interrogation protocol;

1. Each police statement made in relation to I, H, F, and G;

1. G statements;

1. A written diagnosis of injury;

1. Notice of the department related to the report of the 112 case, suspect photographs, video CDs, victim Fail photographs, CCTV images CDs in the first and second assault places;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 257(1) of the Criminal Act (the point of injury) and Articles 261 and 260(1) of the Criminal Act (the point of special violence) and each choice of imprisonment with prison labor

B. Defendant B and C: Article 136(1) and (3) of the Criminal Code.

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