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(영문) 대구지방법원 2014.08.28 2014고단3272

상해등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2014, at around 23:38, the Defendant: (a) tried to destroy a patrol train antenna while breathing the police box of the Gyeongsan Police Station B, which had arrived at the site upon receiving a report from 112, and the police box of the Gyeongsan Police Station B, which had arrived at the site, and the victim slope D (38 years of age) under the influence of alcohol; (b) as he was expelled from the above C, he was able to arrest C with head, and was tight, and her head was tight, and her head was tight, and the Defendant her head was raised from the victim; and (c) the victim was able to take part of the victim’s head and knee in the part of the victim’s face on several occasions, and damaged the victim’s face face that requires approximately two weeks treatment.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers who take measures in accordance with 112 Report, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. Application of an investigation report (to hear and report the D phone statement of a police officer in charge) Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Injury (Aggravated Punishment) / In the case of minor injury (Aggravated Punishment) (Aggravated Punishment) / In the case of obstruction of performance of official duties (Aggravated Punishment) / not only interfered with the legitimate execution of duties by police officers, but also with the quality of the crime by causing injury to police officers. However, the extent of damage is minor, the defendant has no same power and no criminal power except fine, and the defendant is divided into and reflected against the mistake, and the motive and motive for the crime of this case.