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(영문) 서울서부지방법원 2013.11.14 2013고단2626
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 April 11, 2008, the defendant was sentenced to a suspended sentence of six months for the obstruction of performance of official duties or for the crime of injury in the original state branch of the Chuncheon District Court, and on November 12, 2008, the same court issued a summary order of one million won for the crime of damaging public goods.

1. On September 30, 2013, the injured Defendant: (a) around 22:30, on the front side of Mapo-gu Seoul Mapo-gu Seoul Metropolitan City, opened a door on a car and she faced with the victim D (33 years old); (b) made the victim, who was on the side of the victim’s name, 3 times as a drinking, was on the part of the victim, and she got out of the ground and was in need of approximately two weeks of treatment on the part of the victim.

2. The Defendant damaged the damage of property at the above date, time, and place, so that the repair cost of KRW 4,260,000, in addition to the aforementioned victim’s E, which is the same as the victim’s.

3. On October 1, 100:45 of the same year, the Defendant committed assault, such as, among being examined at the criminal department and office of the Mapo Police Station located in Mapo-gu Seoul, Mapo-gu, Seoul, attempted to remove himself/herself from the waiting room or to escape, and the police officers F of the above police station and the police officers belonging thereto control him/her, thereby putting him/her at one time the head head part of the above F at one time and taking him/her in his/her hand.

Accordingly, the defendant interfered with the legitimate execution of official duties on the criminal investigation by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. G statements;

1. Bodily damaged and damaged photographs;

1. Before ruling: Criminal records and application of statutes governing judgment;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Articles 257 (1), 136 (1), and 366 of the Criminal Act and the choice of imprisonment;

1. Mitigation of mental disorders: Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (The following grounds for sentencing);

1. Concurrent Crimes: Article 37 of the Criminal Act;

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