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(영문) 부산지방법원 2016.04.28 2016고단390
상해
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

except that the sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, around December 21, 2015, at the D Emergency Hospital located in Busan Young-gu Busan Metropolitan City, changed the number of medical doctors on duty to put them into a bar, and fright to stop to the victim E (35 years old) of nursing care. Defendant A, in his hand, intended to be “this fright,” string the ring of the above victim’s neck, she was frightd with the ring of the ring of the ring of the ring of the ring of the ring of the ring of the ring of the ring of December 21, 2015, and caused the above victim to inflict an injury, such as the ring of the ring of the ring of the ring of the 2 weeks.

2. 피고인 B 피고인 B은 위 일시ㆍ장소에서 112 신고를 받고 출동한 영도 경찰서 F 파출소 소속 경찰공무원 G가 위 A를 현행범으로 체포하려 하자 “ 씹할 놈들, 우리 친구가 뭘 잘못 했노 ”라고 욕하며 손으로 멱살과 옷을 잡아당기고, 몸을 밀치고, 머리로 들이받는 등 폭행하여 위 경찰공무원의 현행범인 체포에 관한 직무집행을 방해하였다.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Two copies of a damaged photograph;

1. Application of Acts and subordinate statutes to each investigation report (in case of 76 pages, 78 pages);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; the choice of imprisonment;

B. Defendant B: Article 136(1) of the Criminal Act; Articles 136(1) of the Criminal Act; Articles of imprisonment

1. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection (defendant B) and the community service order (defendants)

1. In the case where Defendant A [the scope of recommended punishment] Class A (the scope of general injury) (the person who has been specially mitigated from February to one year), [the person who has been subject to punishment] or considerable damage was restored (including efforts to recover damage), there are some favorable circumstances, such as the fact that Defendant A had an attitude against himself/herself to recognize the instant crime, and that he/she agreed to it in the course of investigation. However, the instant crime was committed.

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