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(영문) 부산지방법원 2019.10.23 2019고단3805
상해등
Text

A defendant shall be punished by imprisonment for six 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

1. On June 30, 2019, around 01:20 on June 30, 2019, the Defendant: (a) entered the building bed by the victim C, located in the Busan East-gu, Busan-gu, and entered the building, via the entrance door, which is opened without any justifiable reason; (b) entered the building, and (c) entered the second floor director-general of the bureau.

2. On June 30, 2019, the Defendant: (a) reported by 112 the victim F (52 years old) who was the guard of the E-district in the same police station, sent out of the corridor of the D 1st floor as stated in paragraph (1) on June 30, 2019, and confirmed the case; (b) the victim’s f (52 years old), who was the guard of the E-district in the same police station, confirmed the circumstances of the case; and (c) caused the victim’s injury and obstruction of performance of official duties by walking the victim’s flick part of the victim’s face on a one-time basis.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of 112 reported cases, and at the same time, the Defendant inflicted an injury on the victim, such as salt pans, tensions, etc. that require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Each statement G and C;

1. Investigation report (the sequence 17,20 No. 17, 20 of the evidence list);

1. Each photograph and CCTV video CD;

1. Application of the legislation in its opinion;

1. Article 319 (1) of the relevant Act concerning the facts constituting an offense, Article 136 (1) and Article 257 (1) of the Criminal Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. The reason for sentencing of Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] is the sentencing guidelines for the crime of impairing structures in the basic area (6 to 16 months) of the obstruction of performance of official duties.

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