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(영문) 울산지방법원 2015.10.08 2015고단1710
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On July 11, 2015, the Defendant sent to the 112 report that the Defendant was under the influence of alcohol in the front of the taxi platform near the 112-day 21:45 p.m., the Defendant sent the victim C (30 years of age) who is a police officer belonging to the Yangsan Police Station B Zone B, which recommended the Defendant to leave the said taxi platform after having arrived at the patrol vehicle and having arrived at the said taxi platform at the patrol station, and told the Defendant to “the same bit bit bit bit bit bit bit bit bit bit bitch,” on the ground that he does not take the Defendant’s house, and caused violence, such as assaulting the victim’s face and the breast part and the part of the chest, walking over the victim, thereby hindering the legitimate performance of official duties of the police officer’s 112 report handling, at the same time, not knowing the number of days of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the photograph of each case

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The basic area of the obstruction of the performance of official duties (six to one year and four months), [decision of sentence] the crime of this case is not good in light of the circumstance, method, etc. of assaulting the police officer dispatched after receiving 112 report, obstructing the performance of official duties, and causing the injury to the police officer suffered by the victim.

However, there are many records of this case, such as the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant, the degree of injury of the victim is not severe, the deposit of a certain amount for the victim, and the fact that there is no criminal records of the same kind of crime or of the suspended execution or higher, and the age, character, environment and circumstances after the crime.

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