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(영문) 수원지방법원 안양지원 2015.06.04 2015고단311
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On February 2, 2015, around 23:10, the Defendant was urged to return home from 112, the king Police Station E zone belonging to the king Police Station E zone, and one other, the Defendant expressed that “I see this Chewing son,” “I am a police officer, I am a son, I am a son of F Fbuck son, and am a son’s son.”

그럼에도 F 등 경찰관 2명은 피고인을 순찰차에 탑승시켜 피고인의 주거지 앞 노상까지 태워주었으나, 피고인은 순찰차에서 하차한 다음 경찰관들에게 “야 이 씹할놈들아 이 짭새 새끼들아”라고 욕설하며 F에게 달려들어 발길질을 하며 무릎으로 F의 낭심을 1회 가격하였다.

As a result, the Defendant interfered with the legitimate execution of duties of F with respect to the handling of report 112 by the foregoing method, and at the same time, the Victim F with approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to each investigation report (the counter investigation of a shote and CCTV images taken at the site);

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of recommendations: Imprisonment with prison labor for not less than six months nor more than two years;

(a) Category 1 (General Injury): Aggravation (6 months to 2 years);

(b) In the case of special mitigation (including serious efforts for recovery of damage) or restoration of considerable part of damage: serious injury (type 1 and 4); or in the case of obstruction of performance of official duties;

2. The defendant who has rendered the decision of sentence shall serve in public service;

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