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(영문) 대구지방법원 2017.09.21 2017고단4524

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 6, 2017, the Defendant damaged the property by gathering the “D” Rabba page operated by the victim C in Daegu Suwon-si B, Daegu-si, and caused the damage to the market price under the influence of alcohol.

2. The Defendant interfered with the business of the Defendant, at the same time and at the same place as above, posted the tables as above, obstructed the victim C’s business by force by avoiding disturbance, such as gathering and displaying the tables with the employees of the place of the tables, and allowing other customers to go with, thereby obstructing the victim C’s business.

3. When the Defendant: (a) was arrested as a flagrant offender on the ground as above by means of F (50) in the circumstances surrounding the E District of the Police Station E District of the Nansung Police Station, etc., the Defendant obstructed the performance of official duties and the victim was arrested at the same time and place as mentioned in paragraph (1) above; (b) the Defendant asked the victim with the right arms of the above F to undergo an inspection for approximately two weeks of treatment.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders, and at the same time injured the victim F.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and C;

1. On-site photographs, police officers' bodily injury photographs, 112 report processing table, medical certificate, CD1;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image);

1. Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, concerning facts constituting an offense;

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the defendant not only damaged the property and interfered with the business of others, but also caused the injury to the police officer dispatched, and that the crime is not good.

However, the fact that the defendant is led to confession, contingent crimes, and etc.