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(영문) 부산지방법원 동부지원 2017.06.08 2017고단619

상해

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 7, 2016, the Defendant: (a) while taking meals at D cafeteria located in Busan, Daegu, Busan, the Defendant: (b) was the victim E, who was in motion, was in patch with F and Si expenses; (c) was fatched with the victim’s head fat; (d) was fatd with the victim’s head fat; (e) was fatd with the victim’s head fat; (e) was fatd with the victim’s face; and (e) was fatd with the victim’s head and shoulder; and (e) was fatd with the victim’s head and shoulder fat on the part of the victim

2. Defendant B, on October 7, 2016, at the D restaurant located in Busan, Daegu, around 09:38, and 112 reported at the D restaurant located in Busan, the Defendant: (a) obstructed the Defendant’s shoulder with the Defendant’s Hamb in the Maritime Police Station G District in the Maritime Police Station, Hambing the Defendant’s Hamb in order to hear the Defendant’s daily statement by hand; (b) assaulted Defendant B, i.e., “S., the police Hamba,” with the Defendant’s shoulder, i.e., the Defendant’s shoulder and the breast part.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of reported cases.

Summary of Evidence

1. Partial statement of Defendant A and Defendant B’s legal statement

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to H and I;

1. Application of the CD 1 statute

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 257(1) of the Criminal Act

B. Defendant B: Article 136(1) of the Criminal Act

1. Articles 40 and 50 of the Criminal Act for the commercial concurrence (Defendant B);

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act for the suspension of execution (the following sentencing shall be considered in light of the favorable circumstances in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the community service order is an unfavorable circumstance, where Defendant A used violence to the victim E and used violence to the police officers dispatched to Defendant B after receiving the report, and the nature of the crime is not good, and there is a criminal record of violence against the Defendants.

However, Defendant A recognizes the facts charged as a substitute, and Defendant B recognizes it as a substitute.