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(영문) 대구지방법원 서부지원 2019.09.19 2019고단141

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

Punishment of the crime

On December 29, 2018, around 23:25, the Defendant assaulted a taxi driver under the influence of alcohol in front of the C cafeteria located in Daegu-gu, Seogu, Daegu-gu, and received a report, and took a bath to verify personal information from E who was called out after being informed of his identity, the Defendant saw the instant E’s bat with his hand, laid the bat around the floor, laid the bat off the upper part of the said bat.

As a result, the Defendant interfered with the legitimate execution of duties concerning the crime prevention and suppression of the above E, which weared police uniforms, and at the same time, the Defendant was in the reflect of both knee-come-man who need to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime of this case is not good, etc., and is disadvantageous.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, there is no record of punishment for the same kind of crime, and there is no record of punishment exceeding the fine, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.