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(영문) 대구지방법원 김천지원 2016.08.18 2016고단455
상해등
Text

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

However, 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 March 30, 2016, around 00:51, the Defendant sent out an apartment house 1401, the 112 report that “Many woman in the married couple’s war is symbling,” and the background D belonging to the police station C shall listen to the Defendant’s wife E, and “a request for isolation one day because the Defendant may be able to do so,” on the ground that the Defendant explained the emergency temporary measures, etc. to the Defendant at the request of the above E, on the ground that the Defendant explained the emergency temporary measures, etc.

“In doing so, assaulted the victim D(52)’s chests at 2 to 3 times by hand, the right shoulder part per drinking once by drinking, and the part of the neck part once by hand.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of 112 reported cases, and at the same time, the Defendant got off the face-to-face care for the victim for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Side photographs of the assault;

1. A medical certificate;

1. Application of the 112 Reporting List, the Act and subordinate statutes governing the place of service;

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 Concurrent Crimes (Punishments imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. The main text of Article 62(1) of the Act on the Suspension of Execution (the crime committed against a police officer dispatched due to domestic violence by a defendant) recognizes both the Defendant’s responsibility and the fact that there was considerable interest in the state where the police officer suffered injuries, while under the influence of alcohol, the Defendant was under the influence of marital fighting, and the Defendant was only subject to punishment once for violent crimes, and there was no less punishment exceeding fines, and all of the instant crimes.

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