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(영문) 울산지방법원 2017.01.12 2016고단4022
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

On September 29, 2016, the Defendant assaulted the Defendant’s wife at the office of the Defendant located in Ulsan-gu, Ulsan-gu, U.S., on September 29, 2016, and was arrested the Defendant’s wife to the police officer affiliated with the Ulsan-gu, U.S. police station D police station, who called out after receiving a report from the Defendant’s wife 112, as an actual offender of the crime of assault, and was transferred to the police station D district located in Ulsan-gu, Ulsan-gu, U.S. on the same day.

At around 01:25 on the same day, the Defendant requested the victim G, a police officer belonging to the above D Zone, to board the Defendant to escort the police station located in the front of the D Zone, and during the resistance, the part under which the victim’s right-hand franc was broken down.

As a result, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender, and at the same time, the defendant carried out a right-hand check that requires treatment for about one week to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of imprisonment with labor (to take into account that the degree of interference with the performance of official duties, such as inflicting an injury on a police officer, does not seem to have a serious attitude of reflectivity, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the confession has been made, and there has been no record of the same crime for the last twenty years or more);

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the grounds for the observation of protection and the order of community service, and the reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of punishment], and the basic area (the interference with the performance of official duties and coercion of duties] (the period from June to April) is nonexistent

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