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(영문) 전주지방법원 2019.08.28 2019고합42
특수존속상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. From around 1995, the Defendant was suffering from efficial disorder from efficial disorder from around 1995, and the Victim B (V, 78 years old) is the mother of the Defendant.

Around 06:00 on July 15, 2018, at the defendant's house located in the Gunsan-si C, the defendant laid off the defendant's her bar with a stick ( approximately 80cm in total length, approximately 2.2cm in thickness) that is a material dangerous to the defendant's her head, bridge, ship, arms, and arms, and put the victim a string of the wall that requires approximately two weeks of medical treatment.

Accordingly, the defendant carried dangerous things and inflicted an injury on the victim who is a lineal ascendant.

2. 특수공무집행방해 피고인은 위와 같은 일시, 장소에서 112신고를 받고 출동한 군산경찰서 D파출소 소속 경사인 피해자 E(38세) 등 경찰들에게 위험한 물건인 부엌칼(전체 길이 약 30cm, 칼날 길이 약 18cm)을 꺼내어 들이대고 “씨발 내가 왜 가, 난 안가, 내가 뭘 잘못했다고 그려, 씨발놈들 경찰 오면 죽여버린다.”라고 소리치고, 피해자에게 위 부엌칼을 들이대었다가 던지려는 행동을 하면서 피해자를 위협하여 협박하였다.

Accordingly, the defendant carried dangerous objects and interfered with the police officer's legitimate execution of duties for 112 reported handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. A family relation certificate and resident registration certificate, family relation certificate and resident registration certificate, 112 reported case handling statement, diagnosis certificate (A), medical examination and treatment opinion (B), medical examination and treatment opinion (B), dispatch order (119), emergency medical service log (119), hospitalization certificate, and medical examination and treatment opinion;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act (the occupation of special obstruction of performance of official duties and the choice of imprisonment), which provides for the relevant provision of criminal facts and the choice of punishment.

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