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(영문) 청주지방법원 제천지원 2016.12.01 2016고단378
상해등
Text

A defendant shall be punished by imprisonment for six 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 August 18, 2016, the injured Defendant: (a) around 23:30 on the street in front of the D cafeteria located in Seocheon-si, and (b) on the ground that the victim E (the victim E (the victim E 49 years of age) went against himself/herself; (c) taken the victim’s neck by hand; (d) taken the victim’s face part on three occasions by drinking; (e) taken the victim’s face part on three occasions by drinking; and (e) taken the police upon receiving a report, he/she sustained the victim’s part on two occasions, taken up the part of the victim’s face on two occasions; and (e) took part of the victim’s face by drinking, and inflicted injury on the victim, such as the victim’s impairment

2. On August 18, 2016, the Defendant interfered with the performance of official duties, around G restaurant located in 115, on August 23:45, 2016, and the slope I belonging to the H District in the 112 Hacheon Police Station, who was dispatched to the site after receiving the 112 report, were the Defendant at the time of E, and the Defendant was able to take a bath to I, dump I, dump I’s body with the chest part, and dumped I’s body two times, and obstructed police officers’ legitimate performance of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, J, and E;

1. The K's statement;

1. Report on internal investigation (Attachment of letters and notes not punishable as victim L), report on internal investigation (person L/C telephone conversations as other party to the victim), and report on internal investigation (K counterpart telephone conversations as police officer);

1. A medical certificate;

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Relevant Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for heavier injury);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions stated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be comprehensively taken into account.

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