beta
(영문) 대구지방법원 2020.12.16 2020고단5621

특수상해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. Around July 25, 2020: (a) around 00:46, the Defendant injured the victim by “C” at the main point of “C” located in Gangseo-gu Seoul Metropolitan Government, and, under the influence of alcohol, the Defendant displayed gas burner, which is a dangerous object on the main table, without any justifiable reason, when the victim’s head was displayed, and when the victim’s head was recovered by drinking, the Defendant sustained the victim’s injury by “contincing the 10-day eye and the open body around the snow and the snow.”

2. At around 02:08 on July 25, 2020, the Defendant was arrested by police officers E belonging to the Seoul Gangseo Police Station, who received 112 report on the case described in paragraph (1) at the Gangseo Police Station located in Yangcheon-gu Seoul, Yangcheon-ro, Yangcheon-gu, Seoul, and led to the police station.

Of the Do which was going to the above police station, the Defendant expressed his desire to “E” to “Sweld with tax base,” and used to walk the E’s swel with several times, and assaulted E, such as walking the E’s bucks, even after having been brought to the criminal office of the police station and the office.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of 112 Reporting Statement of Police Statements of E and D, respectively;

1. Each photograph: “gas burner” and each “CCTV video feste”;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1), 257 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62 (1) of the Suspension of Execution Act;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of Special Bodily Injury) (Special Bodily Injury) ; 02. Bodily Injury, Bodily Injury, Bodily Injury (Type 1) - Special Bodily Injury (Special Bodily Injury) -