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(영문) 대전지방법원 논산지원 2015.02.06 2014고단485
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 2, 2014, around 00:20 on October 2, 2014, the injured Defendant: (a) took part in the “C” restaurant located in Seosan-si B with another customer who was unable to know his name in the “C” restaurant; (b) took part in the victim’s face from the victim D (Nam, 43 years of age) who is the principal of the said restaurant; (c) took part in the victim’s face one time with left hand; and (d) took part in the victim’s face on one occasion by taking part in the left buckbuck site.

2. On October 2, 2014, at around 00:40 on October 2, 2014, the Defendant: (a) expressed the intent to “Is the victim F (ma, 38 years of age) of the victim of the area E zone belonging to the Seosan Police Station E zone; (b) “Is the victim’s right-hand part of the victim’s right-hand part, not bitch bitch bitch bitch bitch bitch bitbbbbbbbb, etc.,” which was called “Is the victim’s right-hand part, not bitch bitch bitch bitch bitbbbbbbbb, etc.; and (c) interfered with the police officer’s legitimate execution of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in relation to D and F;

1. Application of Acts and subordinate statutes to each entry in a photograph, diagnostic report, and each investigation report;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of applicable sentences: Imprisonment for one month to ten years;

2. Sentencing criteria:

(a) Crimes of Bodily Injury to Victims D (Determination of type), Violence Crime Group, General Injury Type 1 (Extent of Recommendation) (Extent of General Bodily Injury): Imprisonment with prison labor for not less than two months from 2 months to 1 year, and special mitigation factors: No minor injury/special aggravation factor:

(b) Determination of the type of injury to the victim F;

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