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(영문) 울산지방법원 2018.08.24 2018고단1743

상해등

Text

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

Criminal facts

1. On May 19, 201, the Defendant, on the roads located at 23-lane 1, 201, Ulsan-gun, Ulsan-gun, U.S., U.S., U.S., on the 19th day of May 19, 2018, and on the roads located at 9-lane 23, U.S., U.S., U.S., a proxy driver (47 years old) who was carrying the Defendant, arrived at this destination, and broken the Defendant.

2. The Defendant, at around 22:07 on the same day and at the same place, was asked to make a statement on the facts of assault, personal information, etc. from a slope D belonging to the Ulsan-gun Police Station C police box, which was dispatched to the site after receiving the report of the above assault case No. 112, and without any specific reason, the Defendant expressed to the above D that “I am fe fe fe fe fe fe fe fe fe fom fe fe fe fe fe fe fom fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe feb

At the entrance of the police box at around 22:25 on the same day, the Defendant continued to comply with the request from the above D to enter the above C police box from the patrol box, and the Defendant, by walking the above D's part on one occasion, brought an injury to the said D's part on the police box, which requires approximately 2 weeks medical treatment, and at the same time interfered with the police officer's legitimate execution of duties concerning the handling of reports, 112, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. B written statements;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The point of assaulting relevant legal provisions on criminal facts: Article 260(1) of the Criminal Act that interferes with the performance of official duties: Article 136(1) of the Criminal Act; Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (inter-party between a crime of obstructing the performance of official duties and a crime of inflicting bodily injury: Punishment prescribed for the crime of causing serious bodily injury);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment shall be added) for concurrent crimes.