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(영문) 대구지방법원 2020.08.19 2020고단3363

상해등

Text

Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 11, 2020, the Defendant was sentenced to a suspended sentence of three years on June 19, 202 by imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) at the Daegu District Court on June 11, 202.

1. 상해 피고인은 2020. 6. 1. 20:21경 대구 북구 B에 있는 ‘C’ 식당 야외 테라스에서, 술에 취하여 아무런 이유 없이 위 식당 입구에 서서 일행을 기다리고 있던 피해자 D(51세)에게 다가가 “씨발놈아, 개새끼야, 이리 와바라”고 욕설을 하고, 이에 피해자가 대응하지 않자 뒤에서 왼발로 피해자의 등을 강하게 1회 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as salt, tensions, etc. in the cryp of the cryp that requires treatment for about two weeks.

2. On June 1, 2020, at around 20:34, the Defendant: (a) asked the Defendant at the place indicated in paragraph (1); (b) on June 1, 202, at the Daegu Gangseobuk Police Station E District, who was dispatched to the site after receiving a report 112, whether the Defendant was committing the Defendant in order to identify the situation of the instant case; (c) asked the Defendant at the time of questioning, “Chotyp, nan, num, satch, satched,” and satched the satch of the victim’s G satf, who would have left the Defendant, and caused the satch of the satch of the said satf.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

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

1. A copy of the work place in the E district;

1. A photograph of a CCTV image closure;

1. Previous records of judgment in written diagnosis: Criminal records, etc., and the application of Acts and subordinate statutes to report criminal investigations by the prosecution (prior records of latter concurrent crimes);

1. Article 257 (1) of the Criminal Act applicable to the crime and Article 136 (1) of the Criminal Act (the point of injury) of the same Act;

1. As between the crimes of obstruction of performance of official duties as stated in Articles 40 and 50 of the Commercial Code.