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(영문) 울산지방법원 2020.08.14 2020고단1897

상해등

Text

Defendants shall be punished by imprisonment for four months.

However, as to the Defendants for one year from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

1. Defendant A

A. On March 14, 2020, at around 23:40 on March 14, 2020, the Defendant: (a) was under the influence of alcohol to drink Category B and alcohol, and was under the influence of alcohol; (b) caused the Defendant to inflict an injury on the Victim E (Nam, 37 years of age), who was an employee of the above main point that prevents the Defendant from drinking, by pushing the Defendant’s chests of the victim E (ma, 37 years of age), thereby pushing the Defendant with both hands, thereby causing the Defendant to inflict an injury, such as dump, tension, etc. in need of treatment for about 21 days.

B. The Defendant interfered with the performance of official duties by assaulting the police officer’s duty of reporting and handling reports, etc. on the roads prior to the above temporary border, on the 112 report, and sending out the 112 report to “Negggging,” thereby harming the police officer’s legitimate performance of duties concerning the handling of reports, etc. by assaulting G belonging to the F District Police Station of the Ulsan-nam Police Station of the Ulsan-nam Police Station, which prevents B from committing violence against E.

2. On March 15, 2020, the Defendant: (a) on March 15, 2020, around 00:35, 2020, the Defendant: (b) stated the facts of damage to the police officer on the road front of the above main point, and (c) flicked the Defendant’s arms to the said victim E, and (d) flicked the victim’s arms by hand; and (b) inflicted injury on the victim, such as the damage of the shoulder and the diversification of the above arms, which require treatment for about 21 days.

Summary of Evidence (Defendants)

1. Defendants’ legal statement

1. The police statement concerning G;

1. Statement to E by the police;

1. A written diagnosis of injury to E;

1. Side photographs of the assault;

1. Application of Acts and subordinate statutes to a investigative report (to attachCCTV image data);

1. Relevant provisions of the Criminal Act and the choice of the sentence against the crime A: Articles 257 (1) and 136 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act;

1. The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (Defendant A);

1. The grounds for sentencing under Article 62(1) of the Criminal Act are disadvantageous to the defendant.