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(영문) 창원지방법원 2015.11.26 2015고단2722

상해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On August 14, 2013, the Defendant sentenced the Changwon District Court to one year for a violation of the Act on the Control of Narcotics, Etc. (mariju) and completed the execution of the sentence in the Changwon Prison on June 9, 2014.

On July 14, 2015, at around 01:30, the Defendant assaulted the victim’s cocon part, on the ground that: (a) the victim C (year 46) who was a slope belonging to the Kim Sea Police Station B district unit in the above assault case, etc. was tried to arrest the Defendant as a flagrant offender in the above assault case, and (b) the victim’s cocon part, who was the head, was sent to the victim.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the suppression of crimes and the maintenance of public peace and order, and at the same time, the Defendant inflicted an injury on the victim of the “pather chine tear”, where the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Investigation report (Submission of a written confirmation of treatment by a victim police officer);

1. Photographs;

1. Application of Acts and subordinate statutes concerning criminal records, court rulings, and current status of personal identification and confinement;

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;

1. Selection of imprisonment with prison labor chosen;

1. The following circumstances were taken into account in determining the punishment such as the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes:

- Unfavorable circumstances: The fact that there is a high possibility of criticism as a matter of injuring a police officer beyond the obstruction of performance of duties by a police officer; there is a record of punishment for the same kind of crime; and the fact that it is a crime committed during the period of repeated crime due to another crime; the confession and reflect, etc.