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(영문) 부산고등법원 2021.01.20 2020노477

인질상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

10,000 won shall be collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. A summary of the judgment of the court below 1) The defendant was charged with the combination of two charges as follows.

In 2020, the Defendant was sentenced to imprisonment for a year due to a crime of violation of the Narcotics Control Act, etc., and was under the period of repeated crime.

The symptoms suspected of medication of narcotics at one's own house show that the police officer voluntarily accompanied the police station by a report to the 112 and voluntarily called to the police station. After receiving a request for a simplified test of narcotics at that place, the police officer and the victim F (26 tax) who was the victim F (26 tax) who was the police officer and his wife and the son brought the Defendant to a nearby hospital to force the Defendant to be hospitalized at the hospital, but the tobacco would be avoided.

In addition, the surveillance was conducted to look at the surveillance and escape from the place.

After escape, while the Defendant was staying together in the Defendant’s mother’s residence and forced him to be hospitalized in the hospital, the Defendant collected excessive materials, which are dangerous objects, and moved back to the victim’s head, by towing the victim’s balth to the outside of the said residence, and then throw away the transition used by K shop located in the Busan Sho-guJ, and then collected the knife knife for cutting off ( approximately 19cm in length, approximately 32cm in total length), which is a dangerous object on the top of the above knife, and knife the knife of the victim’s knife in violation of the victim’s knife, and repeatedly discarded the victim’s knife.

“To kill the victim” and to kill the police officers who have been dispatched to the site after having received 112 reports.

Around 2 hours, the police officer forced the police officer to take a non-obligatory act by threatening the victim while putting in contact with the police officer for about 2 hours. However, the police officer was arrested as an offender in the act of committing an act of committing an offense, and the victim's personal injury was inflicted upon the victim by the inspection or self-injury of the parts of the trees on the days of treatment.

2020 Gohap, 102