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(영문) 창원지방법원 2016.11.16 2016고단2637
특수상해등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 16:50 on June 14, 2016, the Defendant: (a) viewed the victim’s desire to read that he was her former female flusium and the right and wrong in a restaurant operated by the victim C (the age of 72) located in Kimhae-si B; (b) expressed the victim’s desire to read “influsium flusium, chewing gue, dead,” and (c) took part in the course of drinking the victim’s body, which is a dangerous object on the table of the table; and (d) took part in the victim’s disease, which is a dangerous object on the table of the table, the victim suffered injury, such as the right slot section, etc. requiring two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. On June 14, 2016, around 17:15, the Defendant obstructed the police officer’s legitimate performance of duties concerning the prevention, suppression, investigation, etc. of a police officer’s crime by committing an assault, such as: (a) the police officer D, who was dispatched to the scene after receiving a report of 112 that the Defendant was assaulting the victim as referred to in the above paragraph (1); (b) the police officer D, who was dispatched to the scene, prevented the Defendant; and (c) the police officer D, who was sealed by the police officer D’

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports (investigation report on recording a victim's C telephone statement);

1. Articles 258-2 (1), 257 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Inasmuch as the sentencing criteria are not yet provided for the special injury crime as stipulated in Article 258-2 of the Criminal Act newly established on January 6, 2016, which was established on the following grounds: (a) category 1 (Obstruction of Performance of Duties and Force of Duties) and basic area (six to one year and four months) of the obstruction of performance of official duties (no special person).

[Determination of sentence] The following circumstances are as follows:

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