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(영문) 서울동부지방법원 2018.03.28 2017고단3792
폭행치상등
Text

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

Reasons

Punishment of the crime

1. On July 11, 2017, at around 01:30, the Defendant injured the victim’s face at one time by drinking the victim F (38 years of age) in front of the “D” located in Gwangjin-gu Seoul Special Metropolitan City, which was under the influence of alcohol, and caused the victim to face with head at the boundary of India.

As a result, the Defendant suffered injury to the victim, such as the loss of food for a period of four days due to its shock, the cerebral cerebral cerebral cerebral typosis, the flady disorder, and the brue ladal lady lady lady, which require tracking observation for three months.

2. The Defendant interfered with the performance of official duties at the above date, time, and place of dispute between E, and the 112 reported by the police officer, and prevented H from doing his act, thereby putting the head of H in his hand, and arrested him as a flagrant offender and booming him two times in the course of carrying the victim’s face into the patrol vehicle, taking the victim’s face in the course of carrying the patrol vehicle, taking the bath inside the patrol vehicle, and spit down the He’s back water. Accordingly, the Defendant interfered with the police officer’s legitimate performance of duties concerning the handling of the reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. F or H Statement or Statement;

1. Application of Acts and subordinate statutes to each investigation report (a diagnosis report and submission of opinions) (a list 17, 19);

1. Articles 262, 260 (1), 257 (1), and 136 (1) of the Criminal Act (to select each imprisonment with labor);

1. The grounds for sentencing under Articles 37 and 38 of the Criminal Act for the aggravated concurrent crimes / [the type of punishment] Class 1 of the Act on the Punishment of Violence / [the scope of punishment] - The serious (the person causing violence / [the person causing special sentencing] - The weighted (the type 2 and 4) / [the scope of punishment recommended] the aggravated area / [the scope of punishment] six months to three years / [the scope of recommendation] the basic area / [the scope of recommendation] the basic area / [the scope of recommendation] the basic area / [the scope of recommendation] six months to one year / six months / [the final sentence range] the multiple aggravated crimes (the final sentence range 1/2 of the maximum of crimes 1 to nine years / [the decision] of June to nine years / [the decision], but the victim suffered serious injury.

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