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(영문) 제주지방법원 2014.07.31 2014고단834
상해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. At around 23:30 on May 16, 2014, the Defendant: (a) had a son and her son, who was on the part of the victim C (the 28-year-old age) in Jeju-si, not paying the drinking value; (b) had a son and son, who was requested by the victim to pay the drinking value; (c) had a son and son, who was on the part of the victim, was off the face of the victim; and (d) had the victim’s chest and her son, who was on the part of the victim’s breast part of the victim, she had a vegetable wall string that requires approximately two weeks of medical treatment.

2. Obstruction of Performance of Official Duties, the Defendant: (a) sent out after receiving a report from the above C at the time and place specified in paragraph (1); (b) who was demanded to pay the drinking value from F (53) who was the victim and return home, due to the circumstances belonging to the Jeju Western Police Station E District Police Station; and (c) who took the victim’s bath to the victim, and assaulted the victim’s clothes and face by drinking and selling blus.

As a result, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of the crime of the victim, and at the same time, he/she conducted an internal inspection that requires approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. C’s statement;

1. Application of the relevant Acts and subordinate statutes to medical certificates, Es. Central Hospital answers, medical certificates, and photographs;

1. Relevant legal provisions concerning criminal facts: Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act;

1. Commercial concurrence and choice of penalty: Articles 40 and 50 of the Criminal Act;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: The scope of the recommended sentence on the grounds of the sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act (the sentencing conditions specified in Article 51 of the Criminal Act as stated in the grounds for sentencing), [the scope of the sentence of obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, fundamental area: 6 months - January 4 months], and the following circumstances are determined as per the disposition. A favorable normal circumstance is recognized and reflected

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