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(영문) 울산지방법원 2019.09.19 2019고단1968

상해등

Text

A defendant shall be punished by imprisonment for one year.

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

1. On April 28, 2019, at around 23:05, the Defendant: (a) committed assault against D with an acting engineer at C elementary school located in Ulsan-gu, Ulsan-gu; (b) on the same day, the victim F, a police officer belonging to the Ulsan Central Police Station E Zone E Zone, who was dispatched to the site after receiving a report of 112 on the same day, did not investigate D while making inquiries, such as asking the personal information of the Defendant; (c) on the ground that D, the victim F, a police officer belonging to the Ulsan Central Police Station E Zone E Zone, who was dispatched to the site, did not make an inquiry; and (d) on the same day, the victim publicly insultingd the victim by openly taking the victim’s voice with the larger sound called “I must do so.”

2. The Defendant, on April 28, 2019, was arrested as a flagrant offender on the same grounds as indicated in paragraph (1) around April 23:28, 2019, and the Defendant transferred his/her disease to the Ulsan Central Police Station integrated watch room at the Ulsan Central Police Station 620, Ulsan Jung-gu, Ulsan Central Police Station.

While the Defendant was sitting at the suspect's seat in the above watchkeeping room, the Defendant was able to gather the chair of the victim F (the age of 39) who was a police officer belonging to the above E Zone, who was on the ground of the Defendant, and was able to take the head and shoulder of the victim F (the age of 39) who was a police officer belonging to the above E Zone.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the arrest of flagrant offenders, and at the same time, the Defendant inflicted injury on the victim, such as sugars without any wife in two open fields that require medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and photographs;

1. Articles 257 (1), 136 (1) and 311 of the Criminal Act concerning the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence 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 for orders to attend lectures and orders to provide community service;

1. First offense in the sentencing criteria: General injury;