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(영문) 서울북부지방법원 2019.01.10 2018고단4450
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2018, at around 12:18, the Defendant was required to calculate the taxi fee and to return home from D in the police box of the Seoul Gangseo-gu Seoul Northern Police Station, which was called upon 112, because the Defendant was under the influence of alcohol and was not broken by a taxi.

The Defendant, on the part of the Defendant, expressed that “the police is so close as it is,” and took hand when he flicked to flickly flick and flicked the flat, and flicked the flat, and flicked the flat, and flicked the flat in the process of arresting him as a flagrant offender committing an obstruction of performance of official duties.

Accordingly, the Defendant assaulted the above D and E and obstructed police officers from performing their legitimate duties in relation to the mobilization of 112 declaration and arrest of flagrant offenders, and at the same time inflicted injury on the victim D (34 years of age) and E (38 years of age) such as salt, tension, etc. of the bones of wood that requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of D and E;

1. Each statement of opinion;

1. Shot photographs at the time of police officers;

1. A report on investigation (a witness's telephone statement);

1. Application of Acts and subordinate statutes to report on investigation (to hear telephone statements from a victim police officer);

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

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The police officers performing official duties on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act committed assault and thereby inflicted injury on them.

It is not a letter just because the defendant was under the influence of alcohol.

However, the defendant is in depth against the crime of this case.

The occurrence occurred in a contingent manner.

It is punishable by a fine due to drinking driving.

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