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(영문) 대구지방법원 2017.03.16 2016고단6617
상해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 4, 2016, the Defendant arrested the driver of a vehicle that escaped in the course of the crackdown on drinking alcohol by the victim D, who is a public official of the police station C belonging to the Daegu Northern Police Station C, around 22:30 on October 4, 2016, the Defendant obstructed the driver of the escape vehicle from carrying the vehicle into the patrol vehicle on the ground that the driver of the escape vehicle is a person who is aware of, and prevented the driver of the escape vehicle from carrying the vehicle into the patrol vehicle, and the victim who prevented the escape from carrying the vehicle into the patrol vehicle.

“Abunding the victim’s bath,” breathing the victim’s bat, spathing, bating and threatening the victim’s spath, and the driver of this vehicle told at the middle, but was assaulted by the victim’s face due to drinking.

As a result, the Defendant interfered with the legitimate performance of official duties of police officers, and at the same time, the victim was flickly flicked with the number of days of treatment, and the victim was flicked with tearing and flicking with alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (Attachment, etc. of photographs of damage);

1. Application of Acts and subordinate statutes governing work hours outside the country;

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 prison labor chosen;

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria shall not apply to each of the crimes of this case, which are not subject to the sentencing criteria, because they are in the relationship of ordinary concurrent crimes.

2. Circumstances unfavorable to the decision of sentence: The defendant will prevent him from committing the crime of this case, even if he had previous convictions in the same kind. Circumstances that are favorable to the nature of the crime in light of the motive, circumstance, etc. of the crime: The defendant is led to confession and reflect against the police officer. The police officer who suffered damage wanted the defendant's wife.

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