beta
(영문) 부산지방법원 2017.02.16 2016고단7038

특수상해등

Text

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

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

Reasons

Punishment of the crime

1. On August 26, 2016, at around 21:30 on August 26, 2016, the Defendant: (a) while drinking with the Victim F (54 years of age) and drinking with the EE located in the Busan East-gu, Busan-do; (b) the Defendant left side of the victim’s left face, which is a dangerous thing on his/her deposit, on the ground that the victim’s attitude does not lead to his/her mind, had the victim’s attitude taken one time, and put the victim’s loss into the inner eye of the left side where it is impossible to identify the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant, upon receiving 112 reports at the same time and place as set forth in paragraph 1, committed violence at a price at one time on the left part of the H with the left part of the said H, who was demanded to return home from the slope H belonging to the dong Police Station G District in the future.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, F, H, and J;

1. Application of Acts and subordinate statutes on photographs;

1. Relevant Article of the Criminal Act and Articles 258-2 (1), 257 (1), and 136 (1) of the Criminal Act (or choice of imprisonment with prison labor for a crime of interfering with the performance of official duties);

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 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the same Act (see, e.g., Supreme Court Decision 2006Da124

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);