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(영문) 서울동부지방법원 2014.10.14 2014고단2676
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Around 20:00 on September 1, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), at the park located in Seongdong-gu Seoul, Seongdong-gu, Seoul, for the reason that the Victim C (year 51) and the Victim C (age 51) who was aware of while living in Nowon-gu were aware of the Defendant as a thief, and the Victim was aware of the suspicion of the Defendant as a thief, and caused two parts of the number of days to be treated to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. At around 00:40 on September 2, 2014, the Defendant abused the police officer G’s left face one time at the “Eel” parking lot located in Seongdong-gu Seoul, Seongdong-gu, Seoul. A police officer G affiliated with the Seoul Sungdong Police Station Fab that received 112 reports and sent out after receiving the 112 report, who was under the influence of alcohol, dumping the Defendant under the influence of alcohol at that place.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning C;

1. Protocol of the police statement concerning G;

1. Application of each statute on photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties, the choice of imprisonment with labor

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon);

(a) Type I (Habitual Injury, Bodily Injury, Bodily Injury, Special Injury) of the range of recommendations to be mitigated (one year and six months to two years);

(b) No person subject to special mitigation;

2. The crime of obstruction of the performance of official duties in its holding.

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