beta
(영문) 부산지방법원 2016.04.07 2015고단8180

상해등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On October 2, 2015, the Defendant damaged public goods: (a) recommended police officers E, etc. to return home from the Defendant in the D District located in Busan Northern District on October 2, 2015; (b) whether the Defendant would not cause any harm to the handling of the instant case, but would not be subject to punishment, upon the request of the police officers E, etc. to return home from the Defendant.

In the phrase “the collection of cups in the place,” the two should be walked by walking the World Cup in the place, so that police officers could keep the wall scam away from the floor by pushing a police official, and the police official was removed by hand by cutting off the duty e of a police official.

As a result, the Defendant respectively damaged the instant World Cup collection box, the wall watch, and the work boom used by public offices.

2. Obstruction of the performance of official duties, injury defendants are present at police officers E (46) by the victim at the above time and place, and the defendant's name was changed to her name, and she died at her inside.

함 두고 봐라 ’라고 말하면서 손으로 피해자의 팔과 옷을 잡아당겨 바닥에 넘어뜨리고 왼쪽 발로 피해자의 무릎을 1회 찼다.

As a result, the Defendant interfered with police officers' performance of official duties concerning the prevention, suppression, and investigation of crimes, and at the same time, the Defendant inflicted an injury on the victim, such as a shoulder dump, tension, etc. requiring treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 141(1) of the Criminal Act (a point of damage to goods for public use) concerning the facts constituting an offense, Article 257(1) of the Criminal Act (a point of harm) and Article 136(1) of the Criminal Act (a) of the Criminal Act (a point of interference with the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to crimes of injury and interference with the execution of official duties);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (see e.g., Reasons for sentencing)

1. The first crime (defluence) of the reason for sentencing under Article 62-2 of the Criminal Act of the community service order shall be the general injury.