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창원지방법원 2013.11.29 2013고단3051

상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2013, at around 04:10 on May 19, 2013, the Defendant: (a) stated that the victim E (the age of 49) who was a police box belonging to the Seocho Police Station D that was called to the scene after having reported that the Defendant interfered with the business of the Defendant, was not at the time when the Defendant was seated on the singular bottom; and (b) stated that the singularF belonging to the above police box carried the Defendant’s hand on the Defendant’s hand, sent the Defendant a bath to E at the risk of putting the Defendant’s hand, and assaulted the said her face and ear four times in drinking.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning handling 112 reported cases, and at the same time, the Defendant started to open the victim with approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. Commissioning for appraisal;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the defendant's severe punishment is necessary in light of the fact that the defendant is injured by the police officer dispatched upon receiving a report, and thus, the nature of the crime is not good. However, the defendant's mistake is recognized and contrary to his/her agreement, the defendant has no record of criminal punishment as the first offender, the defendant's age, character and behavior, character and character, intelligence and environment, and the motive and circumstance of each of the crimes of this case, and the circumstances after the crime, etc., shall be determined as a suspended sentence of imprisonment with prison labor, taking into account all the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, intelligence and environment, and other factors.