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(영문) 대구지방법원 2017.09.28 2017고단3658

상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 19, 2017, the injured Defendant: (a) committed assault to the victim D (41 tax) located in Daegu Suwon-gu Suwon-gu, about 19:00 on the side of the “E” operated by the victim D (41 tax); (b) obtained a claim from the damaged party by taking the vexating the vexing of the vexing of the vexing of the vexing of the vexing of the vexing of the vexing of the vexing of the vexing of the vexing of the vexing of the vexing of the vexing of the vexing of the vexing of the vexing of the vexing of the vexing of the victim;

2. On May 19, 2017, the Defendant interfered with the performance of official duties at the foregoing place, around 19:40 on May 19, 2017, and at the same time, obstructed the legitimate performance of duties by police officers in relation to the prevention, suppression, and investigation of crimes by assaulting the Defendant, such as assaulting the H’s arms, cutting off, cutting off, and cutting off the G’s arms from a slope G (48 tax) belonging to the Fridge of the Suwon Police Station, which was called out after receiving a report of 112 that the host would escape the disturbance, thereby obstructing the police officers’ legitimate performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written diagnosis of injury;

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

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties);

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

1. Selection of each sentence 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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Crimes 1 (Obstruction of Execution of Official Duties) within the scope of the recommended punishment according to the sentencing guidelines for the sentencing guidelines shall be limited to the category 1 (Obstruction of Execution of Official Duties) and the category 1 (Obstruction of Execution of Official Duties and Compellion of Duties) within the basic area (six months to one year and six months) [the scope of the recommended punishment] and the category 2 (Assault) without any special sentencing person [the scope of the recommended punishment] within the scope of the special mitigation area (one month to one year) [the scope of the recommended punishment], the minor injury (one month to one year from one year from one person), and the non-criminal (damaged by damage).