beta
(영문) 대구지방법원 2018.09.14 2018고단3232

상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 3, 2018, at around 23:59, the Defendant, on the front side of the Daegu Northern Building C, received a report from 112 that customers will take a bath to a proxy engineer, and sent to the site the Defendant, who was under the influence of this alcohol, to the police officer B (52 tax) assigned to the police officer of the Gangseo-gu Police Station D District Police Station D (52) who was called the Defendant’s wife to pay the expenses for the proxy engineer, and subsequently, assaulted the Defendant, such as “I am fri,” “I am the Defendant’s wife,” and “I am the victim’s chest part above the floor by pushing the victim’s chest.”

As a result, the Defendant interfered with the legitimate performance of duties by police officers on the processing of 112 reports, and at the same time, the Defendant inflicted an injury on the victim, such as catum dynasium that requires treatment for about

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

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

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. The reason for sentencing on Article 32(1)3 and (2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (which is unreasonable to issue an order for compensation inasmuch as an agreement has been reached with the victim who is the applicant for compensation who is the defendant and the applicant for compensation) is as follows: (a) the crime of this case is not likely to obstruct the performance of official duties by the defendant, and at the same time interfere with the performance of duties by the police officer's chest; (b) the defendant reflects the fact that the defendant; (c) the defendant agreed with the victim in relation to the crime of injury; (d) the defendant was only one criminal record; and (e) the defendant's age, sexual conduct, environment, motive for the crime and circumstances after the crime are committed.