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(영문) 수원지방법원 성남지원 2016.06.22 2016고단1103
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 02:50 on May 7, 2016, the Defendant suffered special injury on the ground that the Defendant, at the D main points located in Seongbuk-si, Sungnam-si, Sungnam-si, left two vehicles at the D main points, but refused to do so. B, the Defendant sustained the victim E’s face of the victim E (V, 54 years old) who operates the said main points one time at the hand floor of the hand, and the victim E, which is a dangerous object on his/her customer at the seat of the main point, carried on several short left parts of the victim E, and continued to treat the victim E for about two (2) weeks, with approximately two (2) weeks of multi-scopic treatment. The Defendant sustained the victim E, an employee of the said main points, who is an employee of the victim F (V, 53 years old)’s head and left hand, with the beer, which is a dangerous thing at his/her left hand.

2. 공무집행 방해 피고인은 제 1 항 기재와 같은 일시, 장소에서 112 신고를 받고 현장에 출동한 성남 수정경찰서 G 파출소 소속 경장 H이 바닥에 누워 있던 피고인을 깨우자 H의 얼굴을 주먹으로 1회 때리고, 발로 H의 정강이를 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of report and the maintenance of on-site order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

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

1. Application of Acts and subordinate statutes to the victim's body photographs, field photographs, and each injury diagnosis report;

1. Articles 258-2 (1), 257 (1) (a) and 136 (1) of the Criminal Act (a point of causing bodily injury to carry dangerous articles) of the Criminal Act concerning facts constituting an offense, as prescribed by the corresponding Act, and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties, and choice of imprisonment with 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. Comprehensive account of the reasons for sentencing under Article 62(1) of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, motive for the instant crime, etc., and the conditions of sentencing as indicated in the arguments and records, such as the Defendant’s motive for the instant crime, but, in particular, the nature of the instant crime, such as inflicting an injury on the cupped World Cup and assaulting the police officer.

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