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(영문) 대구지방법원 서부지원 2017.05.26 2017고단767

상해등

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On March 9, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the performance of official duties by the Daegu District Court, and on March 17, 2017, the said judgment became final and conclusive and is still under the grace period.

1. From March 24, 2017, around 101:57, the Defendant: (a) obstructed the performance of official duties; (b) was the victim E (48) who is the police officer of the Daegu Police Station (a police box) dispatched by the Defendant upon receiving a report that the Defendant was scambling; and (c) was the victim E (48) who is the police officer of the Daegu Police Station (a police box) dispatched by the Defendant upon receiving a report that the Defendant was

I wish to move to the House.

“In drinking, the victim’s face at one time and interfered with legitimate performance of duties by police officers concerning public peace and maintenance of order, and at the same time, the victim damaged the victim’s face that requires approximately two weeks of medical treatment.

2. The Defendant damaged property at the above date, time, and at the above place, the victim’s face was 2.50,000 won of the market value, which was the victim’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes, such as photographs of upper parts;

1. Article 257 (1) of the Criminal Act (the point of injury), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 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 imprisonment with prison labor chosen;

1. According to the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes agreed with the victim on the grounds of sentencing, and the crime committed under the influence of alcohol is an offense committed under the influence of alcohol, and even when considering the fact that the student is a student, the Defendant again committed the instant offense in the instant case on March 9, 201 without being aware of the fact that he/she was under the suspension of the execution of his/her duties for six months by being sentenced to a suspension of execution of one year on March 9, 2017, by obstructing the performance of official duties, even though he/she was under the suspension of the execution of one year, and the method of assaulting the face of police officers

Imprisonment.