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(영문) 창원지방법원 2016.02.17 2015고단1822
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 July 2, 2015, at around 20:30, the Defendant: (a) around the D convenience store located in Kimhae-si, (b) around the victim E (V, 53 years old); (c) attached the Defendant’s male-gu F, and reported to the police, the Defendant was faced with the Defendant’s chests that require approximately two weeks of treatment.

2. On July 2, 2015, the Defendant interfered with the performance of official duties at the above place, and assaulted the Defendant, such as taking a person, taking a bath, and taking a arms from G police officer belonging to the police station in the Kim Sea, who was called out after receiving a report from E during his/her disturbance, and taking his/her hand when he/she can blick the said G with his/her face, face and arms, and wheel his/her arms.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on diagnosis of an injury, and photographs of damaged parts;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of the final sentence due to the reduction area (i.e., the reduction area of punishment) of the first type of bodily injury (ii) (ii) of the mitigated area (ii) of the first type of bodily injury (ii) of the mitigated area (ii) of the first class (ii) of the mitigated area (iii) [the scope of the recommended punishment] of the mitigated area (i.e., interference with the performance of public duties) of the first class (iii) of the mitigated area (i.e., January - August 8) of the mitigated area (ii) of the punishment (i.e., the person subject to special mitigation) of the aggravated punishment (i., the person subject to punishment] of the aggravated punishment: In February-1 year and 4 [the sentence] of the Defendant partially misjudgments the Defendant; (iii) the Defendant was the first offender; (iv) the police officer wanted to take the front line of the Defendant; (v) the damage was not restored; and (v) the degree of damage was not attributable to E; and (v) the details and circumstances of the instant crime.

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