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(영문) 대구지방법원 경주지원 2018.11.14 2018고단412 (1)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 상해 피고인은 2018. 5. 5. 03:40 경 경주시 B에 있는 ‘C’ 주점 앞 도로에서, 후배인 피해자 D(19 세) 와 담배를 피우던 중 손바닥으로 피해자의 머리를 2~3 회 때려 이를 불쾌히 여긴 피해 자로부터 “ 좀 빡 친다” 라는 말을 듣자 화가 나, 손으로 피해자의 멱살을 잡아 넘어뜨리고, 양손으로 피해자의 목을 졸랐다.

Defendant continued to inflict an injury on the victim by requesting the employees of the above main point to report 112, and by putting the victim's head knife by hand over the floor to the victim's head knife the victim's head knife, thereby making it necessary for the victim to receive treatment for about 21 days.

Accordingly, the defendant injured the victim.

2. On June 6, 2018, at around 02:20, the Defendant: (a) took an inquiry of the circumstances of the instant case from a police officer, who was dispatched to the site after receiving a report from 112, “the father and children shall take the knife” at the Defendant’s residence located in Sin-si, on June 6, 2018; and (b) took an inquiry from a slope G, a police officer belonging to the Gyeongnam Police Station, to whom he was asked about the circumstances of the instant case; (c) the Defendant, “I am knife, knife, knife, knife, knife, knife, knife, knife, and knife, knife, knife.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A H statement;

1. A damaged photograph, a written diagnosis of injury, and CCTV-cape photograph;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the observation of protection and the community service order.

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