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(영문) 광주지방법원 2013.09.25 2013고단3167
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

1. The Defendant in violation of the Punishment of Violences, etc. Act (injury by Group, Deadly Weapons, etc.) is a person who participated in the execution of Dwork that C proceeds from March 2013 to the Jeonnam-gun and has overall control over the above construction site, and the victim E (age 41) is the Vice Minister of Construction and Transportation of the above C.

At around 20:50 on July 8, 2013, the Defendant: (a) received a request from the injured party E for the withdrawal of steel at the “G” restaurant located in Gwangju North-gu, Gwangju-gu; and (b) made a dispute with the victim E during the said D Corporation; and (c) made the victim’s left-hand side of the victim’s left-hand side one time on the ground of a small-in disease, which is a dangerous thing on the customer; and (d) made the victim to tear the amount of 3 cm.

As a result, the Defendant got two-time medical treatment to the victim, which requires approximately two weeks of treatment.

2. At around 20:50 on July 8, 2013, the Defendant threatened the foregoing I on the patrol vehicle, such as the following: (a) on the patrol vehicle located in front of the restaurant of “G” located in Seoul Northern-gu, Gwangju; (b) on the one hand, the Defendant was arrested by the police officer I working in the H District of the Gwangju Northern Police Station, who called upon receiving a report as stated in paragraph (1) and was on board the patrol vehicle; and (c) on the other hand, the Defendant threatened the I, “I will have to open the name of the rack, open the door, open the door, and live in Gwangju-gu; (d) if you live in Seoul-gu; and (e) if you will see, write, write, I, and open the door.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. E statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties, the choice of imprisonment with prison labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.

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