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(영문) 울산지방법원 2018.02.27 2017고단4495

상해등

Text

A defendant shall be punished by imprisonment for not less than nine months.

However, the enforcement of the above sentence shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 15, 2017, the Defendant: (a) 02:35 on December 15, 2017, at the Ulsan Southern Police Station C police box located in the Southern Southern-gu, Ulsan-gu, Ulsan-do; (b) did not pay the fare to a taxi operated by the previous D; and (c) did not comply with the above D, who was urged by the police officer, who was the police officer belonging to the above police box, to pay the cab fee and return to Korea; and (d) attempted to stop the above patroler, she pusheded the above patroler E, and carried the Defendant’s right-hand buckbuck, which was defective in order to arrest the Defendant as the current criminal of fraud.

As a result, the defendant interfered with legitimate execution of duties in criminal investigation of the above patrolman E, and at the same time he left the right side which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police with respect to E (including diagnosis certificates and photographs of the upper part);

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation (including on-site situations and statements made by relevant persons);

1. The point of obstructing the performance of official duties in the relevant legal provisions concerning criminal facts: Article 136 (1) of the Criminal Act; Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the reasons for sentencing] / In general injury [the person subject to special sentencing] - [the person subject to recommendation] / [the scope of recommendation] / [the scope of suspended sentence] 6 months-2 years from 6 months to 2 years [the main reasons for suspended sentence] - In the case of negative interference with the performance of official duties, the following should be taken into account: (a) the motive and details of the crime; (b) the degree of interference with the performance of official duties; (c) the crime of injury was committed; and (d) the previous accused's violence, including interference with the performance of official duties, are many.