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(영문) 부산지방법원 동부지원 2016.09.21 2016고단1386
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 5, 2016, at the front of the cafeteria “D” restaurant located in Suwon-gu Busan, Busan, the Defendant was arrested as a current offender of assault by the victim G, a police officer belonging to the F District of the Busan, the police station located in the F District of the Busan, and by H, who was dispatched after receiving a report that the Defendant was at the time of the middle school E, the Defendant: (a) was arrested by the victim G, a police officer belonging to the F District of the F District of the Busan, and by the H; (b) on the one hand, the Defendant was arrested by the victims before E and J; (c)

C. The victims were insultd openly by referring to the bitched fluor bitch fluor, “The bitch fluor.”

2. 공무집행 방해 및 상해 피고인은 같은 일시, 장소에서 위와 같이 자신을 현행 범인으로 체포하려는 경사 G과 순경 H에게 저항하면서, 구둣발로 피해자 H(29 세) 의 왼쪽 턱 부위를 1회 걷어차고, 양쪽 무릎을 수회 걷어찬 후 주먹으로 얼굴 부위를 1회 때린 다음 구둣발로 피해자 G(28 세) 의 온몸을 수회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties by the police officers regarding the arrest of flagrant offenders, and at the same time put the victim H an entrance, which requires a two-day medical treatment, and an open room for the mouth, and put the victim G on the right sprink, which requires a two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H and G;

1. Investigation reports (such as attaching photographs to the upper part of the body, attaching CCTV image data), and the application of each medical certificate to Acts and subordinate statutes;

1. Article 311 of the Criminal Act in relation to the facts constituting an offense (a point of insult), Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act (a point of harm) of the same Act;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case with the reason for sentencing under Article 62-2 of the Criminal Act is reported.

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