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(영문) 부산지방법원 2018.05.10 2018고단287
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 31, 2017, at around 23:20, the injured Defendant suffered from the victim D and shoulder at “C main points” located in Busan, Jin-gu, Busan, and caused injury to the victim during the treatment period, such as having the victim go against the victim’s face at the time of drinking.

2. The Defendant interfered with the performance of official duties, at the time and place specified in the above 1.1. paragraph, and at the place specified in the above 1.1.2, the Defendant interfered with the police officer’s legitimate performance of official duties, who performed the duty of sending the report 112, on the ground that F, who was affiliated with the Busan District Police Station E District of the Busan Police Station, “I Ha Ha Ha Ha only commit an act threatening the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or F;

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

1. Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment) concerning the facts constituting an offense;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201

1. In the case of crimes 1 applicable to the sentencing guidelines (mbs.) [Scope of recommending punishment] General In the area of special mitigation (one month to one year), minor injury (including efforts made to recover damage), the area of non-criminal punishment (including serious efforts made to recover damage), or considerable damage, the area of mitigation [the scope of recommending punishment] (one month to eight months), the area of mitigation (in the case of a person subject to special mitigation] (the degree of interference with performance of official duties or coercion of duties), the area of mitigation (one month to eight months) (the extent of recommending punishment] (the extent of special mitigation) of the area of mitigation (the extent of final balancing due to the increase of multiple crimes where the degree of violence, intimidation, deceptive means, or obstruction of public duties is minor: January to January to April:

2. The defendant who has made a decision of sentence shall make a confession of all crimes and repent his mistake in depth; and

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