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(영문) 부산지방법원 서부지원 2019.07.11 2019고단445

상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 4, 2019, around 15:00, the injured Defendant: (a) took a dispute between the Defendant’s house located in the Busan Seo-gu B apartment C, with the victim D (the victim D (the 38 years of age) who was the wife and drinking alcohol; and (b) took a look at the victim’s straw, five times the victim’s bucks; and (c) extracted the victim’s head head knife so that the victim’s head knife can be revealed in a wide range of the floor of the victim’s knife.

As a result, the Defendant inflicted injury on the victim's unexploited face face and two skins.

2. At around 18:40 on February 4, 2019, the Defendant committed assault, on the floor of hand, the victim’s chest, with a view to handling reported cases, the victim’s body f (51 years old) under the jurisdiction of the Hean Police Station E District Unit of the Hean Police Station, who was dispatched after receiving 112 reports that domestic violence occurred. In order to handle reported cases, the Defendant f (51 years old) committed assault, such as: (a) she takes the front seal of the Hean Police Station E District; (b) she takes the front seal of the south; (c) she enters the south’s house; and (d) she she takes a part of the victim’s body once by taking the victim’s face into custody.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Application of the Acts and subordinate statutes governing the injury of victims D;

1. Relevant Article 257(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of injury and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1). The obstruction of the performance of official duties (Article 1).