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(영문) 대구지방법원 영덕지원 2021.02.03 2020고단273
상해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

On October 28, 2020, at around 20:05, the Defendant was controlled to move to the Defendant’s wife according to the police officer’s guards D ( South, 55 years old) belonging to the nutrition police station C police station, who was dispatched to the site after receiving a report of 112 that there was domestic violence, at the residence of the Defendant located in the Gyeongbuk-gun B, and was dispatched to the site. The Defendant was controlled to move to the Defendant’s wife.

The Defendant, who was off of clothes and flachie, flachi, flachied, flachid, flachid, flachidd, flachidd, flachidd, flachid, flachid, flachid, and flachid at the victim’s body, flachid, flachid, flachid, flachid, and flachid, flachid the victim

Accordingly, the defendant interfered with legitimate performance of duties by police officers, crime prevention, etc., and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of each of the police statements made to D, E, and F, reports on the occurrence of each internal investigation report, and diagnosis of injury at the place of service for the investigation report;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious bodily injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Based on the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, Defendant’s age, environment, sexual conduct, motive, means and consequence of the crime, and all of the sentencing factors indicated in the pleadings of this case, including the circumstances after the crime, and the execution of the sentence shall be suspended on condition that the community service order is faithfully observed.

Unfavorable circumstances: Each of the crimes of this case committed by the defendant, while exercising domestic violence, was dispatched to the police officer who duly performed official duties after being reported.

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