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(영문) 서울남부지방법원 2018.04.25 2017고단6370
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a 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. Around November 17, 2017, the Defendant sustained an injury to which the number of days of treatment can not be known, such as the victim C (V, 48 years of age)’s drinking part of drinking alcohol on the ground that his/her own residence, Guro-gu Seoul Metropolitan Government B 202, had a breadverd and had a bread on the ground that he/she did not meet each other’s opinions.

2. On November 17, 2017, at around 02:35, the Defendant: (a) confirmed the fact of assault on the part of the Defendant at the front of Guro-gu Seoul, Guro-gu, Seoul, upon receiving a report from 112 that the Defendant is wrap with the victim; and (b) recommended the Defendant to undergo an investigation by the police box after checking the fact of assault; and (c) recommended the Defendant to undergo an investigation by using the police box. The Defendant “I am frith, frith, frith, frith, frith, friend, frith, friend, frith, frith of frith’s left face.”

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning C in the protocol concerning the interrogation of suspect; and

1. Statement made by the police with respect to E;

1. On-site dispatch reports;

1. Application of Acts and subordinate statutes to victim C of a photograph of damaged part;

1. Article 257(1) of the Criminal Act applicable to the crime and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment);

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 the recommended sentences according to the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Class 2 Crimes (Assaults) [Scope of the recommended punishment] general injury, and Type 1 (General Injury) (2-1 year from February to year) in the mitigation area (2-1 year) is not subject to punishment;

C. The scope of final sentence due to the aggravation of multiple offenses: six months to two years.

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