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(영문) 울산지방법원 2018.01.11 2017고단2667

상해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. 상해 피고인은 2017. 7. 22. 00:11 경 울산 동구 C에 있는 ‘D 노래방’ 2번 방에서 울산 동구에 있는 노래 연습장을 운영하는 피해자 E( 여, 34세) 이 기분 나쁘게 말대꾸를 한다는 이유로 격분하여, 피해자에게 입에 담기 어려운 욕설을 하면서 양손으로 피해자를 밀고, 손으로 피해자의 얼굴 부위를 수회 때린 다음 피해자의 머리채를 잡아 흔들고, 재차 손과 발로 피해자의 얼굴 등 온몸을 때리고 찼다.

As a result, the Defendant placed the victim on each side of the malicious parts requiring treatment for about 20 days.

2. The Defendant obstructed the performance of official duties at around 00:15 on the same day, and around 00:12 on the same day, the Defendant attempted to verify the details of the report by the police officer G, a police box affiliated with the Ulsan-dong Police Station F Police Station of the Ulsan-dong Police Station, who was called out after receiving 112 a report, and attempted to take a bath that makes it difficult for the police officer G to go to go into and go into the country, and carried out the male who

이를 목격한 G이 피고인을 제지하자, 피고인은 G을 향해 “ 짭새 들은 끼어들지 마라” 고 하며 손으로 G의 턱 부위를 때리고, 이를 제지하려는 경찰관 H 및 I의 가슴 부위를 양손으로 밀었다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, G, E, and J;

1. CCTV photographs, CDs, and written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act, Articles 257(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, 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)1 of the Criminal Act: The reason for sentencing under Article 62-2 of the Social Service Order Act;

1. Type 1 (Obstruction of Performance of Official Duties) is the basic area (from June to June) of the scope of the recommended punishment on the sentencing criteria, the basic area (from June to June).