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(영문) 춘천지방법원 강릉지원 2016.08.18 2016고단712
상해등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2, 2016, while under the influence of alcohol on April 2, 2016, the injured Defendant: (a) laid off a runway adjacent to the E District located in Gangseo-gu Seoul Metropolitan Government, with the victim F (45 years of age) free will; (b) laid off a G-si’s free will in drinking; (c) received the victim’s face and body part from the victim; and (d) made the victim’s injury by taking care of the victim’s face and body part from the victim’s drinking, with the victim’s injury, such as cutting off of flaverization and flabing of flag and flabing of weight for about five weeks.

2. Around 03:35 on the same day, the Defendant: (a) was arrested and waiting for the current E area as an offender at the same time; (b) was spiting down H with a police officer affiliated with E area of the police station, which prepared a physical certificate of another fraudulent suspect at the same place; and (c) assaulted the police officer’s buckbuckbucks by walking three times on the part of the police officer’s buck bridge.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. Application of Acts and subordinate statutes to diagnostic certificates and photographs;

1. Relevant Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of injury) of the Criminal Act concerning criminal facts, the choice of imprisonment with prison labor for each of the following reasons:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of sentencing guidelines under Article 62-2(1) of the Social Service Order Criminal Act deposit KRW 7 million with the victim injured by an agreement with the victim who interfered with the execution of public duties, who has no criminal record of sentencing, but has not been subject to criminal punishment. However, the scope of sentencing guidelines under which the victim refuses to receive it: six months of imprisonment; two years and eight months [two years of imprisonment, which is the recommendation sentence for the crime of basic injury - two years [two years of imprisonment, which is the recommendation sentence for the crime of violence, general injury, one type, and one year and four months (serious injury)]; and six months and one year and four months (the crime of obstructing the performance of public duties, interference with the performance of public duties, one type, and one type of imprisonment).

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