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(영문) 광주지방법원 2015.10.22 2015고단3080
상해등
Text

A defendant shall be punished by imprisonment with prison labor 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 August 14, 2015, the Defendant: (a) around 16:10 on August 14, 2015, around 16:10, the Defendant: (b) was under the influence of alcohol, and (c) was frighting the Victim D’s Operation E in Gwangju Seo-gu; (b) was frighting to the victim’s market price of KRW 40,000,000, which was displayed at the same time without any special reason.

Accordingly, the defendant damaged the property owned by the victim.

2. On the same day, around 16:25 of the same day, the Defendant received a request for presentation of a resident registration certificate from the victim G (the age of 47) who was a police box belonging to the Gwangju Western Police Station, and called out for a disturbance at around 112 as above, and received a request for presentation of a resident registration certificate from the victim G (the police box belonging to the Gwangju Western Police Station that was called for a disturbance at around 16:25.

As a result, the defendant interfered with the legitimate execution of duties by police officers regarding the handling of reported cases, and at the same time, he/she suffered injury from non-explication of the days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police officer in G; and

1. Written statements of D;

1. Investigation report (related to the attachment of CCTV images at a place of crime);

1. Application of Acts and subordinate statutes to photographs of violence and damaged ma;

1. Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of injury and obstruction of performance of official duties, and punishment imposed on the crimes of serious injury)

1. Selection of each sentence of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the agreement with the victim D, obstruction of performance of official duties and degree of injury, the degree of injury, and the fact that the defendant's judgment and ability to recognize are deemed weak

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