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(영문) 대구지방법원 2014.07.24 2014고단2568
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 16, 2014, at around 01:40, the Defendant received a 112 report from the victim of the Daegu Southern Police Station E-gu, Daegu Police Station E-gu, which called “D, a person under the influence of alcohol is under the influence of alcohol,” and was under the influence of alcohol, and requested him to return home from the F (the age of 46) who was on the part of the victim of the said Party.

At this time, the Defendant took the victim’s bath on the ground that the victim dump was broken by the Defendant, followed the victim’s face by flaping balth, and received the victim’s face by head, followed the victim’s face by drinking once, and followed up approximately two weeks of treatment to the victim.

As a result, the Defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies, and property of police officers, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 136(1) of the Criminal Act and Article 257(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment) concerning the crime;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] General In the event that the basic area (referring to April to one year and six months), the basic area (referring to a person who has been specially mitigated), the area of punishment not to grant punishment (including efforts to recover damage), or considerable damage has been restored / In the case of obstruction of performance of official duties (decision of sentence] there are many criminal convictions for the defendant, but there are no criminal records exceeding a fine, the defendant repents and reflects the defendant's mistake, the fact that the damaged police officer does not want punishment for the defendant, the fact that the damaged police officer does not want punishment for the defendant under an agreement, the degree of damage by the damaged police officer does not focus on the degree of damage, the crime of this case is a contingent crime, the defendant's age, health status, surrounding environment, etc.

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