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(영문) 부산지방법원 서부지원 2019.05.30 2019고단91
상해등
Text

A defendant shall be punished by imprisonment for six 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

1. On January 5, 2019, around 21:00, the injured Defendant: (a) arrived at a taxi at the entrance of the victim C (the age of 64) at the destination; and (b) expressed the victim’s desire to read the passenger car door “to open, sweak, sweak, sweak, sweak”; and (c) took the part of the victim’s left part of the passenger car door in order to shoulder the Defendant who was under the influence of alcohol at the rear seat.”

이로써 피고인은 피해자에게 약 2주간의 치료가 필요한 귓바퀴의 열린 상처 등의 상해를 가하였다.

2. On 21:10 on the same day as Paragraph (1) above, the Defendant was arrested as a flagrant offender suspected of injury to C from the circumstances where he was called out after receiving C’s 112 report at the same place as Paragraph (1) above, and was arrested as a flagrant offender suspected of injury to C, and was killed in the patrol vehicle, the Defendant was on one occasion at his left side.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes to each investigation report, photographs of the upper part, and medical certificate of injury;

1. Relevant Article 257(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of injury and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

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

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

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) No. 2 crime (influence of types) (influence of types) and violence crime, general injury (Type 1).

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