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(영문) 부산지방법원 동부지원 2013.08.20 2013고단1504

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 became final and conclusive.

Reasons

Punishment of the crime

1. On May 18, 2013, at around 20:45, the injured Defendant: (a) inflicted injury on the victim E (the 44 years of age) on the street of the D cafeteria located in Busan Nam-gu, Busan, on the ground that the victim E (the 44 years of age) was parked in a vehicle due to his/her insufficient parking management; (b) the victim’s breath was sating bat; and (c) the victim’s bat and face were fated once by drinking, and the victim’s face was satched once every time.

2. On May 18, 2013, the Defendant interfered with the performance of official duties, at around 20:50, by assaulting the police officer’s lawful arrest service by witnessing the scene where G in the Busan Southern Police Station F District, which was called up after receiving a vehicle’s report in front of the aforementioned D restaurant, to witness the scene where the Defendant was at the time of the Defendant’s visit, restrain the Defendant, and arrest the Defendant as a flagrant offender in the crime of assault. G Nexta and the flab, and the flab, were found to have the slope of the said H, and attempted to detect the Defendant as a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. Application of Acts and subordinate statutes of injury diagnosis certificates and photographs;

1. Relevant Article 257(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of injury and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (including the fact that an agreement is made with the E, H, the degree of injury is relatively minor, and the fact that the degree of injury is against each other);