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(영문) 대전지방법원 2016.12.07 2016고단2986

상해등

Text

A defendant shall be punished by imprisonment for six 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

At around 12:10 on July 27, 2016, the Defendant expressed the victim C (the aged 21) who is a social work personnel belonging to the Daejeon Seo-gu Fire Station B and sent the Defendant to the above hospital upon receipt of a report of 119, and expressed the victim C (the aged 21) who is a social work personnel belonging to the said hospital and sent the Defendant to the said hospital. On the other hand, when considering the victim’s left face one time, the Defendant suffered bodily injury, such as the damage of satisfy that the victim needs medical treatment for about 14 days, and at the same time interfered with the legitimate performance of duties concerning emergency medical services.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. Report on the occurrence of the case, and each photograph (Evidence Nos. 3 and 6) thereof;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Act refers to the scope of recommendation and sentence according to the sentencing guidelines for sentencing [the crime of obstruction of performance of official duties: the basic area of the first category of the obstruction of performance of official duties (6-1 year and April), the first category of the injury (4-1 year and June), and the basic area of the first category of the injury (4-1 year and June), and the punishment shall be determined as ordered in consideration of the following circumstances:

Circumstances unfavorable: The defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, circumstances after the crime, etc. are committed, and the victim's punishment is recognized and reflected in the favorable circumstances: The defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime, etc.