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(영문) 서울동부지방법원 2016.05.10 2016고단421
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 February 11, 2016, around 05:50 on February 11, 2016, the Defendant discovered that there was a dispute between the victim C (23 years) and the victim’s female-friendly Gu D in front of Gwangjin-gu Seoul Special Metropolitan City (23 years) and the victim’s removal, and made it time for the victim’s face to drink.

As a result, the defendant put the victim on a face-to-face wound where the number of days of treatment can not be known.

2. On February 11, 2016, the Defendant obstructed the performance of official duties, at the above place, and during the process of arresting a flagrant offender by the border border F of the Seoul Mine-gu Police Station E-gu, Seoul, upon receipt of 112 reports and burning the F’s clothes by walking the f’s clothes in the patrol vehicle, and assaulting the F’s f’s breath by hand.

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

3. In the event that the Defendant was transferred to E District on February 11, 2016 to the E District located in Gwangjin-gu Seoul Special Metropolitan City on February 11, 2016, the Defendant raised the population to H by the person who was employed in the said D, etc. in a situation-based position;

C fe, fe, farch fe, farch feas, farch feas, and farch feas

“Publicly insulting the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Each police statement made with respect to C, H and F;

1. Each written statement in C, I, and D;

1. Application of the Criminal Complaint, photographs, photographs and motion picture-related Acts and subordinate statutes to the upper part and the upper part thereof;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of harm, the choice of imprisonment), Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties, the choice of imprisonment), Article 311 of the Criminal Act (the point of insult and the choice of imprisonment) concerning the 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the sentencing of Article 62-2 of the Criminal Act on the observation of protection and the sentencing of Article 62-2 does not cause any minor injury to the victim, that the degree of assault against the police officer is not weak, and that there is a history of punishment for similar cases.

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