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(영문) 대구지방법원 2020.10.21 2020고단3700

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 02:20 on June 2, 2020, the Defendant: (a) allowed the victim to drink while drinking in the cafeteria or D’s restaurant operated by the victim B; (b) however, the victim was unable to comply with it; (c) was able to take a bath, such as “this dogt” and “the victim shall do so,” while going to approximately 30 minutes from around that time until around 02:50 on the ground that the victim did not respond to it.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. On June 2, 2020, around 02:55, the Defendant: (a) expressed a 112-time warning that the Defendant spawn the Defendant’s spawn at the place under paragraph (1); (b) expressed the victim F of the Gyeongbuk Police Station E (Nam, 49 years old), who was called the Defendant’s spawn; (c) “I am this spawn; (d) I am the victim’s spawn with his left hand on one occasion; and (c) carried out an inspection that requires approximately two weeks of treatment on the victim’s spawn with his hand.

As a result, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases, and at the same time injured the victim.

Summary of Evidence

1. The police statement concerning F;

1. B’s statement-related photographs, 112’s report processing slips, work logs (times), investigation reports (materials at the time of obstruction of performance of official duties, and data at the time of obstruction of performance of official duties), and the application of Acts and subordinate statutes in two CDs;

1. Article 257 (1) of the Criminal Act, Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment with prison labor, as provided for in Articles 40 and 50 of the Criminal Act competition (trade between the crime of bodily injury and the obstruction of performance of official duties, and punishment heavier than that of bodily injury);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for heavier injury);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order.