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(영문) 대구지방법원 안동지원 2012.10.18 2012고단878

상해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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. The obstruction of performance of official duties, the Defendant parked a D non-stop car owned by the Defendant at the two-lanes of the road in front of the Ansan-si, Andong-si, at around 10:30 on May 7, 2012, and used a mobile phone call within the vehicle. The Defendant, who was requested to move the vehicle from the victim E (28 years of age) who is the cause of traffic administration and traffic control for viewing and viewing of Adong-dong, sent the victim the victim’s face three times by her head, and pushed the victim’s chest part by hand and shoulder.

As a result, the above victim suffered from the above victim about two weeks of medical treatment, and at the same time interfered with the legitimate performance of official duties concerning the parking control of the victim.

2. In the time, at the time, at the place, as mentioned in the preceding paragraph, the Defendant damaged the above-free electricity to be used by public offices by breaking the portable non-electric unit worn by E on the floor in the process of protesting against and pushing ahead with it to the Parking Control Board E, thereby damaging the above-free electricity to be in excess of KRW 7,00 in repairing cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes to each investigation report (in cases of attaching photographs, such as a field, attaching written estimates, attaching a written diagnosis of injury, and attaching a certificate of employment);

1. Article 136 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The sentencing is based on Article 62(1) of the Criminal Act, such as the fact that the defendant is against the defendant, the fact that the defendant has no record of punishment for the same kind of crime, the fact that the defendant has indemnified with the victim E, the fact that the victim E only agreed with the victim, the home environment that is difficult to be a recipient of basic living, the age, character, character, environment