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(영문) 수원지방법원 안산지원 2016.08.23 2016고단2461
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 25, 2016, at around 02:00, the injured Defendant brought about 5 'C main points in B, and 'C main points on 1st underground floor' in the 5th floor of the Victim D (28 taxes) who is an employee, once the victim's face was taken one time on the hand on the ground that he did not bring about any quasi-act, and when the victim E who is an employee who continuously restrains it on the face of the victim E, one time, the injured Defendant damaged the face that requires approximately 2 weeks medical treatment to the victims, respectively.

2. The Defendant obstructed the performance of official duties at the time, time, and place specified in paragraph 1 as above, and asked the police officer belonging to the Gwangjin-gu Police Station F District Unit, who was called out after receiving a report of 112 from the time, at the place, and asked the circumstances of this case, etc. of this case, which is a police officer belonging to the Gwangjin-gu Police Station F District. The Defendant committed assault, such as “I am to the police, I am out, so I am out, I am out, and am out, when I am b

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Written statements of D;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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

1. Sentencing 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) No. 1 Crimes (Obstruction of Execution of Official Duties) and No. 2 Crimes (Assaults) were in the basic sphere of the first-type (Obstruction of Execution of Official Duties and Forced Performance of Duties) [The scope of the recommended punishment] No. 1 Crimes (Assaults) [the scope of the recommended punishment] and the special mitigation area (one month to one year)] (including special mitigation persons] minor injury (one month to one year), punishment non (including serious effort to recover damage), or damage recovery from considerable parts, crimes 3 (Assaults) in the event of general mitigation area of injury [the scope of the recommended punishment] No. 1 (No. 1 month to one year) in the special mitigation area (the scope of general injury].

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