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(영문) 대구지방법원 2014.04.15 2014고단1291

상해등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 25, 2014, at around 21:20, the Defendant, in collaboration with E in front of the “D cafeteria” located in Busan City, and was asked questions about the circumstances and personal information of the instant case from the victim H, who was a policeman belonging to the G police box of the Gyeongsan Police Station, called the “D cafeteria” and called the “F” on the ground that the Defendant committed violence to F, the Defendant: (a) threatened the said victim; (b) threatened the victim with the said victim, pushed the chest by hand; and (c) embling the drinking with the victim’s face; (d) interfered with the legitimate performance of public duties for the investigation of the crime by the victim H; and (e) obstructed both sides’s 2 weeks of treatment; and (e) took charge of the influence of the Y’s Y, light scoo, and left-hand seat.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about H;

1. Investigation report (receiving a 112 report and making an on-site visit), investigation report (a public official identification card and attaching a work log);

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of each sentence of imprisonment;

1. Reasons for sentencing under Articles 40 and 50 of the Criminal Act (Punishment on which the punishment is heavier than that of an injury) of the ordinary concurrent crimes;

1. Scope of the sentence recommended by the sentencing guidelines (determination of types), violent crimes, general injury Type 1 (Special Aggravationd Persons): Reduction element / Aggravation element: In the case of obstruction of performance of official duties, April to June 1;

2. In light of the circumstances that are favorable to the defendant, such as the fact that the defendant, who was sentenced to punishment for the crime of obstruction of performance of official duties, committed again the crime of obstruction of official duties, and inflicted an injury on the police officer, etc., and that the defendant repents and reflects the mistake, and raises children, etc., the motive, circumstance, means and method of the crime of this case, and all such circumstances are favorable to the defendant.