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(영문) 대구지방법원 서부지원 2017.11.02 2017고단1047
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2, 2017, the Defendant paid a taxi fee to the victim C (36 years old) who is the police officer of the Daegu Police Station B police station B police station in the Daegu Police Station B, which was called “the taxi fee is paid and returned home,” and paid the taxi fee to the victim, who is the police officer of the police station B police station in the Daegu Police Station B, called “the taxi fee is paid to the taxi engineer, and returned home.”

By doing so, the Defendant’s shoulder shacks the body of the victim, knee-knee-knee-kne-kacks the victim, thereby obstructing the legitimate performance of duties by police officers concerning the maintenance of public peace and order, at the same time obstructing the victim’s legitimate performance of duties, and at the same time engaging in a hack-shacking room that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. A written opinion and an injury diagnosis report;

1. Application of Acts and subordinate statutes of the work log and the 112 report;

1. Article 136 (1) and Article 257 (1) of the Criminal Act applicable to the 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) interference with the performance of official duties [the scope of recommended punishment] and interference with the performance of official duties, the basic area (six months to one year and four months) (the person subject to special sentencing) of the category 1 (Interference with the performance of official duties and coercion of duties)

(b)in the case of an injury [the scope of recommendations] general injury, the basic area (from April to June), the basic area (including special mitigation (special mitigation) [including serious efforts to recover damage] / In the case of interference with the performance of official duties.

(c) Reference to the lowest sentence (6 months) of the recommendation to obstruct the performance of official duties with a higher minimum limit, since it is a commercial concurrent crime;

2. The fact that a sentence is contingent crimes, the victim does not want the punishment of the defendant, the defendant has depthed, and the defendant has no criminal records nor criminal records of the same kind which exceed the fine; and

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