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(영문) 부산지방법원 2014.09.25 2014고단3594
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 13, 2014, around 18:35, 2014, the Defendant insultd the victim who was in contact with another vehicle while moving the vehicle in front of the Defendant’s shop in front of the Busan-gu Busan-ro 196 Electronic Complex, and C was dispatched by E, who was the victim of the zone D district in the Busan Jin Police Station D District, and was in contact with the other vehicle, and was about to return to the district, and was about to return to the district, the Defendant insulting the victim, who was the victim of the contact with the other vehicle, and who was in contact with the victim of the vehicle, was called the victim to report the contact with the vehicle to C, and the said E was called the victim “I will see whether she is a woman with low faith, I will see it, and I will see it as a police officer of the Republic of Korea

2. In the above date, time, and place of the obstruction of performance of official duties, the Defendant: (a) took care of the Defendant who said Victim E’s desire to take a bath; (b) led the victim’s leather to approximately 5-10 meters by hand; (c) led the victim’s losses, face, etc. by drinking, and (d) obstructed police officers’ legitimate performance of duties regarding traffic accidents and crime prevention, etc. at the same time and at the same time interfere with the victim’s legitimate performance of duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate);

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. The reason for the sentencing of Article 62(1) of the Criminal Act (in consideration of the favorable sentencing factors as set forth below) of the suspended sentence [Scope of the recommended sentence] the case where the degree of assault (special mitigation) is minor in the mitigation area (one month to eight months), mitigation area (one month or month) (special mitigation area), it shall be six months of imprisonment.

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