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(영문) 수원지방법원 안양지원 2018.09.04 2018고단742
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 February 10, 2018, the injured Defendant: (a) at C’s station located in Synyang-gu, Synyang-si, Synyang-si, Synyang-si, Synyang-si, the victim D (56 tax) who was seated in the next Tyn B, followed the victim’s disease; (b) Hading the Defendant, Hading the Defendant, Hading the victim, Hading the victim out of the main shop; (c) Had the victim’s face; and (d) Had the victim’s body cannot be identified by the number of days of treatment.

2. On February 10, 2018, around 02:55, the Defendant: (a) arrested the Defendant as a current offender under the police boat E by a police officer, who belongs to the police station within the Gyeonggi-do Police Station, who was reported 112 due to the commission of the crime described in paragraph (1) on the front of the main point as indicated in paragraph (1); and (b) assaulted the Defendant, in his hand, by putting the Defendant’s arms and ebbbb, and ebbbling them over the floor.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against F or D;

1. Statement made by the police for E;

1. Each investigation report (the reporter's telephone statement and the witness's G telephone statement);

1. Application of field photographs and statutes on the standing photographs;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended punishments on the sentencing criteria: Imprisonment with prison labor for two months to one year and two months;

(a) Where the victim is fully responsible for the occurrence of a crime or the expansion of damage with respect to the mitigated area (two months to ten months) of Class 1 (Assaults) general injury (Scope of recommended punishment) (hereinafter referred to as "person subject to special mitigation") (hereinafter referred to as "person subject to special mitigation")

B. Class 2 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) is the mitigated area (one month to eight months).

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