logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.04.04 2017고단6095
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2017, the Defendant does not pay taxi charges to passengers in front of the Yeongdeungpo-gu Seoul Metropolitan Government Office Officetel around 20:30.

“The Seoul Young-gu Police Station C at the Seoul Young-gu Police Station, upon receipt of the 112 report, put the penalty on the floor to impose a penalty for a crime on “free-board vehicle” and his/her identification card on the floor, and put D’s face twice as a drinking.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of the 112 Report Report case, and at the same time, the Defendant inflicted injury on the victim D such as the softening and loss of the non-softened scrap metal.

Summary of Evidence

1. Statement by the defendant in court;

1. Two-time protocol of interrogation of the suspect of the police against the accused (including the interrogation of the suspect and D statements);

1. Each police statement made to D or E;

1. Investigation report (Investigation into telephone communications of taxi engineers);

1. A written diagnosis on D;

1. C Working place;

1. Application of the Acts and subordinate statutes governing injury photographs;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. Selection of imprisonment with prison labor chosen;

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. The sentencing criteria do not present a separate processing method for the commercial concurrent crimes, but it is necessary to refer appropriately to the sentencing criteria even for the commercial concurrent crimes. Therefore, the sentencing criteria for the serious injury crimes are examined in reference to the sentencing criteria for the more serious injury crimes.

[Scope of Recommendation] In the case of interference with the execution of official duties in the aggravated area (six months to two years) (special aggravated persons) of Category 1 (General Bodily Injury).

2. Circumstances unfavorable to a ruling on sentence: The defendant uses violence against a police officer dispatched after receiving a report, thereby hindering the legitimate exercise of public authority, and causing injury to him/her;

arrow