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(영문) 부산지방법원 2016.06.09 2016고단1707
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 4, 2013, the Defendant was sentenced to imprisonment for 8 months at the Busan District Court for fraud, and completed the execution of the sentence on October 3, 2013.

On April 11, 2016, the Defendant, at around 00:16, voluntarily accompanied the police officer in Busan Dong Police Station G district in the same Gu F, as the police officer, who was called upon 112 report while drinking at E’s house, the former wife in Busan Dong-gu, Busan.

At around 01:35 on the same day, the Defendant, while taking a desire to take contact before the said global belt, was boomed with drinking, and was committing assault against male and female students, received the face of Victim H (58) who is the police officer, one time at one time, and boomed with the bones closed down of the bones in need of treatment for about three weeks.

Accordingly, the Defendant interfered with the performance of duties concerning the prevention and suppression of the above police officer's crime, and at the same time sustained injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Medical opinion, and a medical certificate of injury;

1. Each investigation report (for example, 1, 4, 7, 38);

1. One set of CCTV CD for committing a crime;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status Acts and subordinate statutes;

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 reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] General Injury (In general) : (4 months to one year and six months) / [Special Reduction (Aggravated Punishment)] / In the case of obstruction of execution of official duties / [Determination of sentence] although the defendant deposited 5 million won for the victim and the victim expressed his intention not to punish the defendant, there are circumstances such as the defendant's deposit of 5 million won for the victim. However, there is a need to strictize the obstruction of performance of official duties in order to protect legitimate performance of official duties and to establish sound social order, and the defendant is during the period of repeated crime.

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