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(영문) 대구지방법원 서부지원 2018.07.11 2018고단87
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 10, 2017, the Defendant: (a) around 11:13, a school-based forest located in the Dong-dong, Seoyang-gu, Seoyang-si Forest, through which camping, etc. is prohibited in a marine national park is divided into “village district” and “natural environment district”; (b) a school-based forest located in a marine national park is prohibited from camping, camping, etc. in a natural environment district; and (c) a national park management corporation under the control of a national park on the ground that camping, cooking, etc. is prohibited from camping, etc. in a natural environment district; (d) a special judicial police officer C, etc. belonging to a marine national park, etc. under the control of four persons, including C, belonging to the Korea National Park Service; (e) a public bath, the Defendant took the right side of the left side of C, and (e) took the right side part of D’s special judicial police officer’s left-hand knick, thereby causing injury to the said special judicial police officer, etc. for two weeks.

As a result, the Defendant interfered with the legitimate execution of duties for the prevention and control of crimes in the maritime national park by the special judicial police manager C and D, and at the same time, injured the victims C and D respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Domestic investigation reports (referring to the field photographs and accompanying videos submitted by E belonging to the National Park Management Corporation);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a victim D or C injury diagnosis report);

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. 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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant committed violence against two special judicial police officers in the course of the execution of official duties to injure them, and the crime is grave, and the victims wish to punish the defendant, and there is no recovery of the victims' damage.

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