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(영문) 서울중앙지방법원 2017.09.20 2017고단3903
상해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 18, 2017, around 08:15, the injured Defendant inflicted injury on the victim D (23 tax) who was a volunteer in the workplace in Gangnam-gu Seoul, where drinking together, and was in dispute with the victim D (23 tax) who was a volunteer in the same workplace where drinking was carried out. The injured Defendant saw the victim's her son by drinking her her hand, pushed away on the wall, carried the victim's spherb and her spherb on one occasion after being pushed into the wall, carried the victim's her spherb, cut off the bridge, let the victim's spherb, so that the victim could not know the number of days of treatment.

2. On May 18, 2017, the Defendant interfered with the performance of official duties at the same place as above, and on the ground that the police officer F, who was dispatched after receiving a report, took a bath to F, on the ground that the police officer F, who was dispatched to the Seoul Suwon Police Station E District, verified the Defendant’s personal information, and obstructed the police officer’s legitimate performance of duties in relation to the prevention, suppression, and investigation of crimes by carrying out several times the f’s chest part on his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. G statements;

1. Details of the report of 112 case, and the application of statutes governing damaged photographs;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The scope of punishment by law: Imprisonment with prison labor for one month and June 10; and

2. Application of the sentencing criteria;

(a) Determination 1) Type of bodily injury: The area of recommendation and the scope of recommended punishment: the mitigated area, two months of imprisonment, and one year of imprisonment; and

(b) Determination 1) Type 1: The area of recommendation and the scope of recommended punishment where the degree of assault is minor: The area of mitigation, imprisonment with labor, January 1 and August.

(c) multiple crimes;

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