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(영문) 서울동부지방법원 2013.11.08 2013고단2476
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

Criminal facts

1. On September 23, 2013, at around 00:20, the injured Defendant: (a) sustained the victim’s glass cup, which was a partner of the second floor of “Dju shop” located in Gangdong-gu Seoul Metropolitan Government, on the ground that the victim E, who was a partner of the friend and drinking, was disregarding himself/herself; (b) caused the victim’s injury to the right-hand 2, 3 metrehion, which requires the victim’s treatment for about four weeks due to the decline in the right-hand edge of the victim.

2. At around 01:53 on the same day, the Defendant expressed the victim G’s position that “this son, son, son, son, and son,” and that “spawn any spawn,” among two persons, including F, etc. being investigated into another case at the criminal police station of Gangdong-gu Seoul Metropolitan Government and the criminal team office of Gangdong-gu, Gangdong-gu.

Accordingly, the defendant openly insultingd the victim.

3. On the same day, at around 02:10 on the same day, the Defendant’s obstruction of performance of official duties, at the investigation of the Seoul Gangseo Police Station and the detention room at the Seoul Gangseo-gu Seoul Police Station and the Defendant: (a) there was a defect in the Defendant’s attempt to capture guards to the Defendant in order for the Defendant to enter the custody room and to inspect the belongings; (b) the Defendant expressed that the Defendant “I scam to scam” to the above H; and (c) the Defendant scam to the Defendant’s face with other employees working in the detention room; and (d) the Defendant scam to the above H in order for the Defendant to leave the custody room; and (e) the head took the chest of the above H to the head; and (e) scam to the police officers working in the detention room within the detention room.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the custody management.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each statement of H, I, and J;

1. Application of Acts and subordinate statutes to report damage photographs, injuries, CCTV images, and investigation;

1. Relevant Article 257(1), Articles 136(1), and 311 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 37 of the Criminal Code among concurrent crimes.

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