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(영문) 전주지방법원 2016.07.22 2016고단664
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

At around 03:50 on February 23, 2016, the Defendant arrested the Defendant as a flagrant offender in the act of driving without a license by a police officer at the Seoul Special Metropolitan City Police Station in Yancheon-si, Seoul Special Metropolitan City on February 23, 2016, the Defendant: (a) was arrested by the Defendant as a police officer at the former Special Metropolitan City Police Station in the act of committing a crime of driving without a license. (b) In doing so, the Defendant: (c) was imprisoning off the death and fright away from the circumstances D (53 tax) belonging to the above police station while interfering with the foregoing C’s tobacco; (d) the Defendant threatened the victim D, by assaulting D’s hand, by assaulting D’s hand, etc., that caused damage to the right-hand hand hand, which requires treatment for about two weeks; and (e) obstructed the police officer’s legitimate performance of his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (the details of the occurrence of the emergency and the use of equipment on the part of the suspected victim A entering the court, the relation to attaching photographs of the victim police officers damaged by violence, and the submission of a medical certificate);

1. A medical certificate;

1. Application of each statute on photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The sentencing criteria cannot be applied as they are, since the crime of injury and interference with the execution of official duties of the reference sentencing criteria are in a mutually competitive relationship, and the sentencing criteria do not present a separate handling method for the mutually concurrent crimes.

However, since the sentencing guidelines for the crime of injury reflects the interference with the execution of official duties as sentencing factors, the scope of the sentencing guidelines for the crime of injury is examined as reference materials for proper sentencing.

[Scope of Recommendation] Ordinary Injury shall be categorized as one type (general injury).

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