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(영문) 부산지방법원 2017.05.11 2016고단6728

상해등

Text

A defendant shall be punished by imprisonment for seven months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:40 on September 27, 2016, the Defendant was arrested as a flagrant offender on September 27, 2016 and moved from the D District District to the Busan Western Police Station located in Seo-gu, Busan, and the Defendant did not pay the taxi expenses to the victim E (65 years old) who was an engineer of the taxi he was under the influence of alcohol and did not pay the taxi expenses to the victim at the request of the victim, and when the police officer belonging to the said District took a bath to the victim under the influence of alcohol, he was arrested as a flagrant offender around 03:35 on September 27, 2016, and was arrested as the victim's chest, and moved from the D District to the Busan Western Police Station located in Seo-gu, Busan, Busan, the victim F., the police official belonging to the above D District Police Station (31 years old), and the victim's face from the 10th day to the 10th day on which he was under the influence of the 10th day.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the arrest of flagrant offenders, and at the same time injured the victim FF.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Selection of each alternative fine for punishment;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] General In the case of interference with the execution of official duties (six months to two years) [the person subject to special aggravated punishment] [the sentence] as the defendant was punished by a fine of the same kind, resulting in injury while obstructing the performance of official duties again despite the fact that the defendant was punished by a fine of the same kind, the defendant recognized the facts of the crime and took an attitude against the defendant. In addition, Article 51 of the Criminal Act stated in the records and arguments of the instant case, such as the motive and background of the instant crime, circumstances after the crime, defendant's age, sexual behavior, environment