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(영문) 서울북부지방법원 2014.02.21 2013고합280
폭행등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 17, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury, etc.) was arrested as a flagrant offender by a police officer who was dispatched to the F’s report at one time, and was arrested as a flagrant offender on the ground that the inside price ordered by the “EEM store located in the Seoul Metropolitan Government ditch-gu” was insufficient. On the other hand, the Defendant sought a female immediately after release for the purpose of retaliationing F.

On June 18, 2013, at around 00:10 on June 18, 2013, the Defendant: (a) sounded the Victim F (F) who scams the chickens in the above place to “scam and scams. 52 years of age; (b) she would not be able to funeral from the inside of the house; and (c) placed the victim’s face on the right side, which requires approximately 10 days of treatment on the part of the victim.”

As a result, the defendant injured the victim for the purpose of retaliation against the provision of investigation proviso in relation to the investigation of his criminal case.

2. On June 18, 2013, at around 00:10 on June 18, 2013, the Defendant interfered with the performance of official duties, at the same place as Paragraph (1) and at the same time, and at the slopeH belonging to the Seoul Southern Police Station G District, which was dispatched to the site after receiving a report of 112, obstructed the Defendant’s legitimate performance of duties concerning the arrest of a police officer in the act of committing an act of committing an act of committing an act of committing an act of committing an act of committing an act of violence, by stating that “I amb and I am back. I am to go back. I am back after being investigated by the police station. I amb off I am to go back.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and I;

1. The police statement of H;

1. A report on investigation (Correction of a name of crime);

1. Investigation report (to attach photographs of damaged part of the victim's assault and on-site photographs);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to an investigation report (verification of errors in the diagnosis date of a medical certificate);

1. Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-9(2) of the Criminal Act concerning criminal facts and the choice of punishment.

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