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(영문) 울산지방법원 2021.02.09 2020고단4587
상해등
Text

A defendant shall be punished by imprisonment for six 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 September 23, 2020, the injured Defendant assaulted “C” main points located in Ulsan-gu, Ulsan-gu, Ulsan-gu, by combining with the victim D (n, 45 years old) and drinking alcohol with the victim D for reasons of influence, with the victim’s head debt, and did not put the victim’s arms and knife the victim’s arms and knife, with the victim’s arms and knife, with the victim’s hand knife, and with the number of units.

As a result, the Defendant inflicted injury on the victim, such as brain-dead, fluoral salt, the left-hand 5 fluoral deprivation of the victim, which requires three-time medical treatment.

2. The Defendant interfered with the performance of official duties at the time and time as stated in paragraph (1) and at the place as stated in paragraph (1), and interfered with the police officer’s legitimate performance of duties concerning the handling of reporting 112, such as F, a police officer belonging to the Ulsan Southern Police Station E District, who was dispatched after receiving 112 reports, and F, a police officer belonging to the Ulsan Southern Police Station E District, prevented the Defendant from engaging in an act of disturbance, making him/her take his/her face one time at his/her hand, and her desire to “Sspah” and assault G

Summary of Evidence

1. Statement F of the defendant's legal statement D and each police statement related to G;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Selection of imprisonment with prison labor for the selection of a punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Social Service Order Article 62(1) of the Criminal Act was committed by the Defendant by assaulting the victim and causing injury to brain, etc., and the fact that it is not good that two police officers dispatched thereto interfere with official duties by exercising abusiveism and violence, and that the Defendant did not receive any brupt from the victimized police officers; on the other hand, the Defendant recognized the crime; the Defendant agreed with the injured victim; the primary offender; the motive and background of the crime; the method and consequence of the crime; and the circumstances after the crime.

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