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(영문) 인천지방법원 2018.01.18 2017고단8580
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 October 28, 2017, from around 02:54 to around 03:16 of the same day, the Defendant damaged the Defendant’s property to board the back-side of the C-si auxiliary seat operated by the victim B, and to cover KRW 737,440 of the repair cost by exposing the upper part of the instant taxi back seat and the front part of the window of the front seat and the back seat of the Incheon Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, Incheon, without any justifiable reason.

2. On October 28, 2017, at around 03:00, the Defendant: (a) placed the victim B (54 years of age) with drinking and drinking the ceiling of the taxi boarding the front of the Nam-gu Incheon Metropolitan City E; and (b) placed the victim’s right side part of the taxi in his/her hand on three unfolded 14 days of treatment.

3. On October 28, 2017, at around 03:16, the Defendant obstructed the police officer’s legitimate execution of duties concerning the control of the police officer’s crime by putting his/her chest part of his/her chest into one stop with his/her left hand when he/she was sent to the scene after receiving a report of 112 on the front side of the Nam-gu Incheon Metropolitan City, Southern-gu E-ro, Incheon, and received a statement from B, and prevented the Defendant from drinking street, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G and B;

1. Written estimate and written diagnosis of injury;

1. Application of the Act and subordinate statutes to on-site and damaged photographs, taxi boomers, and taxi CDs;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc. in consideration of the following sentencing)

1. Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (No person who is subject to special sentencing for six months or one year or six months) shall be the basic area (no person who interferes with Execution of Official Duties).

2. Two Crimes (Assaults) (Extent of recommendations).

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