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(영문) 대전지방법원 2016.04.29 2016고단431

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment 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 December 12, 2015, the Defendant: (a) demanded the calculation of the alcohol value of the Victim E (V, 55 years old) who is an employee; (b) went back to the victim’s left head on the instant instant cup, which is a dangerous object on his/her customer; and (c) went back to the victim’s back on the instant World Cup, which is a dangerous object on his/her customer due to the defect in returning home.

Accordingly, the defendant carried dangerous objects and carried the victim's number of days of treatment, which could not be known.

2. The Defendant interfered with the performance of official duties at the above date, at the above place, and at the same time, and at the time, at the 112 report, proposed the Defendant to leave G (24 years old) to the police officer G (24 years old) of the Daejeon Police Station F District of the Daejeon Police Station, who was called out after receiving the report, and led him to take the chest and face of the police officer at one time.

Accordingly, the defendant assaulted the above police officer G and interfered with legitimate execution of duties concerning 112 report processing and crime prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement of I;

1. A criminal investigation report (Preparation of an InspectorJ);

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

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties, and choice of imprisonment with labor);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order and Article 62-2 of the Criminal Act: Determination of sentence that the defendant's age, sex behavior, environment, motive, means and consequence of the crime, etc. are different from the above circumstances, and the conditions for sentencing as shown in the argument of this case, such as the following circumstances: In light of the following circumstances, the victim's injury is committed without good cause; the case of assaulting police officers; the case of assaulting police officers four times in the history of violent crime: The victim E is agreed; the confession and reflect of the crime; and the punishment that the defendant has been committed ten years prior to the last violent crime history: various conditions for sentencing specified in the argument of this case: