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(영문) 창원지방법원 2015.06.30 2014고단2363

상해등

Text

A defendant shall be punished by imprisonment 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. On June 24, 2014, the Defendant: (a) was arguing with a female-friendly Gu and returned home on June 24, 2014; and (b) did not continue to grow up in the Dong-dong in Kimhae-si; (c) the Defendant damaged the victim B’s car parked on the street by making the victim’s left side of the car at his/her own seat.

2. 공무집행방해 및 상해 피고인은 위 일시경 112신고를 받고 출동한 김해중부경찰서 C지구대 소속 경위인 피해자 D 등에게 재물손괴죄의 현행범으로 체포되자, 이를 거부하며 “씨발, 죽어볼래 내가 뭘 잘못했는데 ”라고 고함을 지르며 피해자의 가슴을 손으로 밀고 발로 피해자의 다리를 걸어 넘어뜨려 그 왼쪽 팔꿈치를 도로에 찧게 하였다.

As a result, the defendant interfered with the legitimate execution of duties by police officers, and at the same time, the defendant inflicted an injury on the left-hand side of the victim, such as a diversal transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning B and D;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of imprisonment for the crime

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

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

1. Article 62 (1) of the Criminal Act;

1. In light of the circumstances and result of the instant crime, the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the following factors are considered: (a) the vehicles parked on the roadside on the ground that the reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is bad; (b) the police officers interfered with the performance of official duties by using violence; and (c) the police officers inflicted bodily injury in the process; and (d) there was no criminal conviction in addition to fines; and (e) there was no criminal conviction; and