beta
(영문) 의정부지방법원 고양지원 2014.11.27 2014고단786

상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 2, 2014, the Defendant: (a) posted the front door before the office of Goyang-gu, Yongsan-gu, Mangsan-si, the fourth and fourth floor of Goyang-si, and D (a woman living together with the Defendant). Upon receiving D’s report, the Defendant sent the front door door door to the police officer belonging to the Gyeonggi Provincial Police Agency, E victim F (ma: South, 57 years old), and went into the front door to the front door of the door, and acted as D’s drinking, while opening the door, saying D’s door to the front door of the door, and doing so.

Therefore, when the victim prevented the defendant, the victim died in the knife knife knife at the distance of farch. The knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife. nife knife nife.h. nife nife.

As a result, the Defendant interfered with the legitimate performance of official duties by police officers regarding the prevention of crimes, etc., and at the same time, the Defendant inflicted on the victim the injury of “influences, etc. on the left side,” which requires approximately two weeks medical treatment

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police with regard to F and D;

3. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment with prison labor chosen;

4. The act of using violence to police officers in the course of performing their duties to ensure the safety of citizens and maintain social order in sentencing under Article 62(1) of the Criminal Act is an element of sentencing unfavorable to the defendant, such as: (a) the nature of the crime is bad; and (b) the defendant has been punished for a crime of violence twice in the past.

반면 피고인이 이 사건 공소사실을 인정하며 반성하고 있는 점, 피고인이 노부모(老父母)를 부양하고 있는 점 등은 피고인에게 유리한 양형 요소이다.

Furthermore, the age, character and behavior of the defendant;