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(영문) 부산지방법원 2016.11.25 2016고단1329 (1)
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant: (a) around 21:55 on March 21, 2016, the Defendant, as a trial expense, fighting with the said victim on the ground that the victim C (54 years of age) was resisted by the Defendant against the noise, and was fighting with the said victim on the ground that the victim C (54 years of age) was resisted; and (b) caused the victim’s face, etc. due to drinking, the Defendant sustained injury, such as an unclaimed injury in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C:

1. Report on investigation, application of the Acts and subordinate statutes to photographs of damage;

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is [the scope of recommending punishment] general injury [the scope of recommending punishment] under Article 62(1) of the Criminal Act, and the execution of imprisonment shall be suspended in consideration of the following factors: (a) minor injury (one to one year), minor mitigation area (one to one year); (b) the occurrence of a crime or the expansion of damage to a victim; (c) the victim also has the history of being sentenced to a fine for the same kind of crime; (d) the degree of damage is not significant; (e) the victim has

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