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(영문) 수원지방법원 2017.03.24 2016고단5751
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. 상해 피고인은 2016. 9. 4. 18:20 경 피고 인의 누나와 매형인 피해자 C(35 세) 의 가정폭력 신고 사건과 관련하여 누나의 연락을 받고 화성시 D에 있는 화성 서부 경찰서 E 파출소를 방문한 후 파출소 앞 노상에서 조카의 등을 1대 치면서 “ 너는 엄마가 아빠한테 맞고 있는데, 옆에서 뭘 하고 있었냐

“Accompeting the victim’s face in drinking, and the victim’s body was taken several times, and the victim’s chest was asked to ask about about four weeks of treatment to the victim, and the victim suffered injury, such as an injury to the outside part of the upper part of the upper part of the front part of the body of the victim, which is in need of approximately four weeks of treatment.

2. On September 4, 2016, at around 18:30, the Defendant obstructed the performance of official duties, the Defendant: (a) obstructed F of the police box affiliated with the above police box prior to the police box as stated in paragraph (1); (b) attempted to arrest him/her as a current criminal; (c) obstructed the police box by drinking him/her; and (d) went beyond the floor by towing him/her.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Witness F;

1. A protocol concerning the interrogation of suspect C by the police;

1. Descriptions of each written diagnosis of injury, and application of statutes on photographic data of each suspect C damage;

1. Relevant legal provisions of the Criminal Act, Articles 257(1) and 136(1) of the Criminal Act (the point of harm), the choice of punishment for an offense, and the choice of imprisonment with prison labor;

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. On the grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence, crimes 1 [the scope of recommending punishment] general injury [the scope of punishment] under Article 62(1) of the Criminal Act, crimes 2 (Obstruction of Performance of Official Duties) in the basic area (from April to June) (the scope of recommended punishment] [the scope of punishment] under Article 1 (Obstruction of Performance of Official Duties or Forced Performance of Duties] under the mitigated area (one month to August), (one month) [Special mitigated Persons] under Article 62(1) of the Criminal Act, where the degree of assault, intimidation, and deceptive means is minor, the case is final according to the aggravated punishment.

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