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(영문) 서울동부지방법원 2019.03.25 2018고단3864
상해등
Text

A defendant shall be punished by imprisonment for six 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 October 14, 2018, around 02:10 on October 14, 2018, the injured Defendant shouldered the Victim C (the age of 36) under the Seongdong-gu Seoul Seongdong-gu Seoul (the age of 36) with the “D main point where he works as an employee” to challenge the Victim E who works for the horse.

As a result, the Defendant got on both sides of water supply and water supply in need of two weeks of treatment.

2. On October 14, 2018, at around 03:10, the Defendant: (a) arrested a flagrant offender as the fact prescribed in paragraph (1) at the G police box located in Seongdong-gu Seoul, Seongdong-gu; and (b) took custody of the police box in custody of the police box, the Defendant expressed that “this sprinke, young gue,” and taken the Defendant as a mobile phone by the police box belonging to the Seoul Sungdong Police Station, and taken the Defendant as a cell phone of the police box belonging to the Seoul Sungdong Police Station, the Defendant took the face of H one time as drinking.

Accordingly, the defendant interfered with the execution of official duties by assaulting a police officer who performs legitimate duties in relation to the duties of a flagrant offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of H and C;

1. Application of Acts and subordinate statutes to medical certificates and medical treatment statements;

1. Relevant Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Inflicting of Injury) [Determination of Punishment] : General Inflicting of Injury [Type 1] General Bodily Injury (Special Inflicting of Punishment] - Insignificant Injury (Type 1, 4): Reduction element: Insignificant Injury (Class 1, 4): Reduction Area / Reduction Area / Imprisonment 2 months to 10 months (General Inflicting of Punishment) - Reduction element: Serious reflectness;

B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) . [Attachment 1] Obstruction of the performance of official duties/performance of official duties (special person).

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