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(영문) 부산지방법원 2016.12.28 2016고단6335

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On September 5, 2016, the Defendant suffered special injury: (a) around 03:40 on September 5, 2016, at the E-ju store operated by the victim D (here, 65 years of age) located in Busan Jin-gu, Busan, the victim’s face was taken four times as drinking without any justifiable reason; (b) the victim’s head was discharged three times as an empty beer, and (c) the victim’s head was licked for about 14 days, and (d) the victim was sprinked with an inner part that

2. Performance of official duties;

A. On September 5, 2016, around 03:50 on September 5, 2016, the Defendant committed assault, such as threatening the Defendant, who was called to the scene after receiving a report of 112 at the above Eju (hereinafter referred to as “EM”), and tried to keep the Defendant from leaving the scene, by citing G in the circumstances where the Fdistrict of the Busan Jindo Police Station was affiliated with the F District, threatening the Defendant, and threatening the Defendant as if he were with a shouldered beer disease.

Accordingly, the defendant interfered with the proper execution of duties concerning the maintenance of police officers' order and crime control.

B. On September 5, 2016, at around 07:00, the Defendant assaulted the Defendant’s hand, etc., who was arrested as a flagrant offender due to the above criminal facts at the Busan Police Station’s criminal office and the office located in the Busan Police Station, Busan, Jin-gu, Busan, and the Defendant’s hand, etc., who was arrested as a flagrant offender.

Accordingly, the defendant interfered with the proper execution of duties concerning the maintenance of police officers' order and crime control.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D, G, I, and H;

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

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 136 (1) of the Criminal Act concerning the crime, the choice of punishment, and Articles 258-2 (1) and 257 (1) of the Criminal Act;

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. For the reason of sentencing in Article 62-2 of the Probation Criminal Act, each of the crimes in this case is that the defendant inflicts an injury on the victim D with dangerous articles as above, and assaults the police officers to interfere with the performance of their official duties, and the nature of the crime is not somewhat weak.