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(영문) 울산지방법원 2014.07.17 2014고단961
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on March 15, 2014, on the front side of Ulsandong-gu B, Ulsan-gu, on March 15, 2014, is running F Obaba under the influence of alcohol from the Defendant, from the slope D belonging to the Ulsan East Police Station C District of the Ulsan-dong Police Station, who was dispatched to the site after receiving 112 reports, and from E (24 years old).

On the ground of traffic accident, traffic control, such as a request for a drinking test, etc., was made.

이에 화가 난 피고인은 “야이 씹할 놈아 놔라 이 똥파리 새끼들아”라고 욕을 하면서, 피고인의 양손으로 경사 D의 멱살을 잡고 흔들며 피고인의 발로 낭심 부위를 1회 찼고, 피해자 순경 E의 입술을 주먹으로 1회 때리고 발길질을 하는 등 하여 피해자 순경 E에게 약 10일간의 치료가 필요한 안면부 좌상 등을 가하였다.

As a result, the defendant injured the victim E, and at the same time interfered with legitimate execution of duties concerning traffic control by the police officer D and E, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, D, and G;

1. Requests for cooperation in investigation, application of Acts and subordinate statutes governing damage photographs;

1. Article 136 (1) of the Criminal Act (the point of obstruction of 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 Concurrent Crimes (each crime of obstruction of the performance of official duties, each one of the crimes of bodily injury, and punishment prescribed for the most severe crime of bodily injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The sentencing guidelines for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [the scope of recommendations] are as follows: (a) the mitigation area (one month to eight months) of the obstruction of performance of official duties; (b) the degree of violence, intimidation, and deceptive scheme is minor; (c) the defendant, who was determined to impose a sentence, took a bath for police officers who perform their legitimate performance of official duties; (d) assaulted the police officers with an important part of their body; (e) the injury was inflicted; and (e) the injury was not recovered.

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