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(영문) 부산지방법원 2016.04.27 2015고단8307

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

1. On July 10, 2015, the Defendant: (a) around 20:37, on the road in front of Busan, Busan, the victim D(31) was able to help the victim D(S) and to report his or her abolition to his or her friend; (b) he or she again called the D's friend, ordering the victim to do so; and (c) he or she heard the horses from the damaged person; and (d) he or she suffered injury to the victim, such as the left-hand friter, which is a dangerous object in each other, by considering the victim's head friend, one time at the victim's head friend.

2. On July 10, 2015, the Defendant obstructed the performance of official duties by hearing statements from the head of the Busan Police Station E District F of the Busan Police Station, who was called for after receiving a report of 112 at the above location on the instant situation, and then refusing to arrest the Defendant as an offender with G along with G, by taking a defective bath to arrest the Defendant as an offender, putting him on the floor of the body fright, and thereby obstructing the police officer’s legitimate performance of duties concerning the prevention of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A H statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the upper part of the body photographs, etc.), photographs of the upper part of the body, and photographs of the studs' disease;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties, and choice of imprisonment with labor);

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. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

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

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act is that the defendant not only injured the victim D head due to a small-scale illness, but also obstructed the performance of official duties by committing violence against the police officer dispatched to the site, and the nature of the crime is very bad.

(c).