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(영문) 창원지방법원 통영지원 2018.04.12 2018고단150
상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On January 16, 2018, the injured Defendant: (a) around 01:30 on the part of the victim C (n, 48 years of age) on the 1st underground floor B (n, e.g., the victim C) of the victim C (n, e., the 48 years of age) was able to calculate the drinking value to the Defendant; and (b) on the part of the victim, the injured Defendant got the victim a part of the man part of the victim’s man in microf, which was located there on the part of the victim on the part of the victim on the part of the victim on the part of the victim on the part of the man part of the man, and caused the

2. Around January 16, 2018, the Defendant interfered with the performance of official duties by assaulting the police officer’s lawful execution of duties concerning the handling of the reported case by a police officer, by assaulting the police officer’s 112 police officer, on the ground that he/she was a policeman belonging to the Tong-gu Police Station Evise, dispatched after having received C’s 112 report, and asked F for the instant circumstances of this case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of Acts and subordinate statutes to each investigation report (attached to the list of 112 reported cases, attaching photographs of the scene and damaged parts, attaching documents for emergency treatment, studio numbers, and micrograms);

1. Relevant Article 257(1) of the Criminal Act, 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 punishment 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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Scope of punishment recommended according to the sentencing criteria of the Supreme Court;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

B. Class 2 Crimes (Assaults) [the scope of recommending punishment] general injury (hereinafter referred to as general injury) is limited to Category 1 (2-1) (2-1 year) (including special mitigation persons), which is not subject to punishment (including serious efforts to recover damage) or considerable amount of punishment.

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