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(영문) 광주지방법원 2015.11.27 2015고단3253

상해등

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 19, 2015, at around 00:25, the Defendant was off, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, frighted, fright

As a result, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order, and at the same time, the victim's various diversity typology.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of the statutes described in the opinion;

1. Article applicable to criminal facts;

A. The point of obstructing the performance of official duties: Article 136(1) of the Criminal Act

(b) The point of injury in judgment: Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the choice of punishment (the punishment prescribed for the crimes of injury heavier than that of each crime on the market shall be imposed);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations on the sentencing guidelines [Determination of types] - Type 1 (General Inflicting) (General Inflicting) (Special Inflicting Person) - Insignificant in the mitigated element - In the case of obstruction of performance of official duties, the basic area [Determination of the recommended area] 4 months to 1 year and 6 months [the scope of recommendations] - Reduction element, mental and physical disability (the person in question is responsible);

2. Whether or not to add a stay of execution - In the case of a negative obstruction of performance of official duties - The reason for the principal participation: There is no record of positive minor criminal punishment - the reason for the general participation: no effort to recover from unfavorable damage; the reason for the general participation: a positive and contingent crime.

3. Six months (two years of suspended execution of sentence) of imprisonment with prison labor;