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(영문) 대구지방법원 2014.01.17 2013고단5793

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On September 3, 2013, around 03:10 on September 3, 2013, the Defendant assaulted the victim E, who parked a vehicle on the front side of the old seat parking lot located in Daegu Suwon-gu, with a view to breaking the bat of the victim’s bat and bating the face one time with her hand, and her face one time with her hand.

2. On September 3, 2013, around 03:25, the Defendant: (a) received a report on the same reason at the place as stipulated in paragraph (1); (b) and (c) received a demand from the Daegu Water Police Station FF District G for voluntary movement.

The Defendant, who was requested by the above victim to voluntarily engage in the same behavior, expressed the victim's desire to do so, took the face of the victim by hand, and raised the face over several times, and damaged the victim's character of a detailed face that needs to be treated for about 10 days.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning handling 112 reports and inflicted injury on the victim at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of the Acts and subordinate statutes of the upper part photograph, black stuff photograph, and black stuff photograph;

1. Article applicable to criminal facts;

(a) The point of assault: Article 260 (1) of the Criminal Act;

(b) The point of obstruction of performance of official duties: Article 136(1) of the Criminal Act.

(c) Inflicting: Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see the following reason for sentencing) was that the Defendant, while under the influence of alcohol, assaulted others, obstructed the exercise of legitimate public authority, and did not receive a letter of suspicion from the victims.

However, the circumstances include the confession of a crime, the opportunity to lodge himself/herself during the period of pre-trial detention, and the absence of a criminal record of probation or heavier.