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(영문) 대구지방법원 2017.12.14 2017고단5959
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 10, 2017, the Defendant assaulted the victim E, who was in the influence of alcohol, and was under the influence of driving the B-learning car in front of the 15-9-dong-gu, Daegu-gu, Daegu-gu, about 03:00, 57-9, at the same time, and was under the influence of alcohol, the Defendant used the victim E, who was the circumstances belonging to the C-gu police station in the Daegu-dong Police Station C-gu, Seoul-gu, and was under the control of the victim E, who was under the control of the same district, on one occasion, and sealed the victim E, who was under the control of the victim E, on one occasion, and was under the control of the victim E, who was arrested of a flagrant offender under the suspicion of interference with the performance of official duties and was on board the patrol once again.

As a result, the Defendant interfered with police officers' legitimate performance of duties in relation to the prevention, suppression, and investigation of crimes, and at the same time, the Defendant put the victim D on the left side part of which the treatment period cannot be known, and the victim E cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes, such as standing photographs (e.g., security E), work logs in C District, notification of the result of drinking control, notification of the processing of the 112 reported case, three copies of the 112 report case, five photographs of the patrol patrol box video, five copies of the patrol box video of the dispatch patrol box, five copies of the black c. of the black c.

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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. The reasons for sentencing under Article 62(1) of the Criminal Code under the suspended sentence are discovered to have been driving under drinking, and the crime is not good in light of the method of crime as a matter of which the defendant inflicted an injury upon the enforcement officer of violence against the enforcement officer.

However, the defendant has been punished in addition to a fine due to driving of alcohol discovered on the day of the crime of this case, because he/she made confession against himself/herself, he/she is a contingent crime.

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