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(영문) 창원지방법원 2016.07.21 2016고단1449
상해등
Text

A defendant shall be punished by imprisonment 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

1. On April 25, 2016, the Defendant: (a) was refused to request the Victim E (39) of the Safety Center affiliated with the Changwon Fire Station D 119 Safety Center and F (F) to “the head of the fire station,” on the front side of the “Celel located at the window B of Changwon-si, Changwon-si on April 25, 2016; (b) was called “the head of the fire station,” who was called out after receiving a report 119; and (c) was asked the victim E (39 years old) of the victim’s fire station affiliated with the Changwon Fire Station; and (d) the head of the fire station F.

The breath of the victim E was dumped with the breath of the breath, and the breath of the victim E was carried with the right hand hand, twice at the victim E’s bump, and was 119 first-aid vehicles.

As a result, the Defendant interfered with the legitimate execution of duties of fire officials regarding 119 reports, and at the same time, damaged sins that require treatment for about 14 days to victims E.

2. The Defendant damaged the property in such a time and place as set forth in paragraph (1) by having the victim E wear a breabbridge, which was worn by the victim E, at the same time and place as set forth in paragraph (1), thereby damaging the repair cost of KRW 110,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (including attachment of opticians destroyed by the victim E, attachment of photographs to the household effects on the ambulances by the victim, and accompanying materials);

1. A place where emergency medical services are to be performed;

1. A written diagnosis of injury, and written estimate for repair of an injury;

1. Application of Acts and subordinate statutes to output by cutting on-site photographs and images;

1. Article 257 (1), Article 136 (1), and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to crimes of injury and interference with the execution of official duties);

1. Selection of imprisonment with prison labor chosen;

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 defendant, on the grounds of sentencing under Article 62-2(1) and the proviso to Article 62-2(2) of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc., of Social Service Order, inflicts an injury on a police officer performing his/her duties.

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