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(영문) 대전지방법원 2016.06.30 2016고단1107
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

1. On March 27, 2016, around 05:30, the Defendant: (a) demanded the Defendant to pay taxi charges to the victim D (58 aged) who is a driver of a taxi that the previous Defendant was on board; (b) incurred two injuries, such as impairment of the victim’s head, face, etc., requiring treatment for a period of 14 days, when taking the victim’s head, face, etc. due to his/her own bath, while taking the victim’s head, face, etc. into consideration.

2. The Defendant interfered with the performance of official duties on the same day, at the F District of the Daejeon Daejeon Police Station in Daejeon, Daejeon, Daejeon, and around 06:20, and at the time of being arrested as a flagrant offender due to the suspicion of using violence against taxi officers, such as paragraph 1, the Defendant interfered with legitimate performance of duties regarding police officers’ criminal investigations for about 20 minutes due to the following reasons: (a) the Defendant, who was a police official, was arrested for G (25 years old), who was a police official, at the same time as G (25 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing victim DNA photographs and victim G photographs;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public 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 stay of execution (the act of assaulting the police officer in charge of public duties, if any, shall interfere with public duties to be performed strictly, and the crime is deemed to be of heavy responsibility due to its inferior nature

In light of the facts that can be seen, the circumstances leading to the instant crime, means, and results, etc., a strict punishment is required to select imprisonment, and the Defendant is led to the confession and reflect of the instant crime, the Defendant appears to have committed the instant crime in a state of detention, the Defendant agreed with the victim D, and the Defendant is the victim police officer.

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