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(영문) 창원지방법원 진주지원 2018.02.06 2017고단1088
특수상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 2, 2017, around 20:35, at the front of the Defendant’s house located in Sacheon-si B, the Defendant was called from C, the Defendant, who was assaulted by the Defendant, to the effect that “I am dead” was “I am out of the Defendant’s wife,” and called “I am out of the Defendant’s wife,” one time at each item (150cm in length), the head of the Victim D (W 65 years old), which was dangerous.

As a result, the Defendant inflicted an injury on the victim, such as an open two skins requiring approximately one week medical treatment.

2. The Defendant interfered with the performance of official duties on the above day, at the places indicated in paragraph 2 around 20:42 of the above day, and at the place indicated in family violence 112 reported and sent out by the police officer F of the Sacheon Police Station E District Police Station, one hand sent out to the police officer F of the F, one time, and five times the breast part was 5 times with the hand floor.

Around 20:49 on the same day, the Defendant continuously committed assault, such as assaulting the police officer, who arrested him as a current offender for the same reason and gets off and getting off the patrol vehicle and getting out of the said place for the foregoing reason, at the front parking lot of the Sacheon Police Station, G in Sacheon-si.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on 112 reporting operations and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the police with regard to D or I;

1. A statement of F and H;

1. A report on internal investigation (attaching a medical certificate);

1. A photograph of parts of the victim's body;

1. A report on investigation (attaching, etc., including a place of work in the E District);

1. Investigation report (verification of CCTV images).

1. Application of Acts and subordinate statutes to a report on investigation (verification of tools of crime);

1. Articles 258-2 (1), 257 (1), and 136 (1) of the Criminal Act concerning facts constituting an offense; Articles 258-2 (1), 257 (1), and 136 (1) of the same Act; the selection of imprisonment for a prison labor;

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 reason for sentencing under Article 62-2 of the Criminal Act, the observation of protection, the reasons for sentencing under Article 62-2 of the community service order, - unfavorable circumstances: bad quality

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