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(영문) 창원지방법원 마산지원 2015.12.15 2015고단846
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 of the final judgment.

(e).

Reasons

Punishment of the crime

On September 19, 2015, the Defendant: (a) 06:10 on September 19, 2015, the Defendant: (b) took a scambling and taking a bath at the Masan-si Police Station D box in Msan-si C, Msan-si; (c) took a scambling to the victim E (the age of 48) who is the police officer assigned to the said police box; (d) took one time a part of the victim’s left side and interfere with the police officer’s legitimate execution of duties concerning the prevention, suppression, and investigation of the crime; and (e) took the victim’s back the left side of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment, etc. of photographs);

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. It is not good that the nature of the crime is committed by assaulting a police officer who performs official duties for the reason of sentencing under Article 62(1) of the Criminal Act, and there are many records of violent crimes. However, there is no record of obstructing performance of official duties, there is no record of obstructing performance of official duties, small amount of money deposited, and other conditions of sentencing indicated in the records, such as the defendant's age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances after the crime, etc., the punishment as ordered

Public Prosecution Rejection Parts

1. On September 19, 2015, the Defendant: (a) around 05:50 on September 19, 2015, the summary of the facts charged: (b) around the G church site located in F of the Yongsan-si, Changwon-si, the Defendant: (c) obstructed the victim H (28 years of age) of the above church with the said church to stop the vehicle of the believers returning home without any reason; and (d) obstructed the victim’s h (28 years of age); and (c) assaulted the victim by making the flabing the bat of the victim; and (d) assaulting

2. Article 327 subparagraph 6 of the Criminal Procedure Act, Article 260 (3) and (1) of the Criminal Act for reasons;

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