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(영문) 창원지방법원 2013.12.18 2013고단3150
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 became final and conclusive.

(e).

Reasons

Punishment of the crime

On September 22, 2013, the Defendant: (a) committed assault against G on the roads near the Jinhae-gu, Changwon-si; (b) the police box affiliated with the police box in the Jinnam Sea Police Station, who was dispatched to the site after having received a report from the Defendant, and was requested by G to voluntarily act on the back seat of the patrol officer, who was on the front seat of the patrol officer who was on the next side of the patrol officer, and committed assault against G, such as cutting down the trees of Y.

As a result, G made the defendant get off from the patrol car, notified the defendant of the French rule, and arrested the defendant as a flagrant offender in the obstruction of performance of official duties, and received the face of G as head.

As a result, the defendant interfered with the legitimate execution of duties by the police officers related to the arrest of flagrant offenders, and at the same time, the victim G was diversified with a face-to-face typology which requires medical treatment for about two weeks.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each police statement of H and G;

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

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing factors favorable to the defendant), the criminal records of the defendant, the criminal records of the crime in this case are inferior, the circumstances leading to the defendant's commission of the crime in this case, the circumstances leading to the crime in this case, the agreement with police officers, the fact that the defendant reflects the mistake, the family relation and health conditions of the defendant, etc. shall be determined as

Public Prosecution Rejection Parts

1. 공소사실 피고인은 2013. 9. 22. 21:15경 창원시 진해구 C 부근 도로에서, 승용차를 운전하여 지나가는 피해자 D(여, 53세)에게 “뭐꼬, 저 씹할년”이라고 욕설을 하여 시비를 걸고, 이에 피해자 D가 차에서 내리자 피해자 D에게 다가가 “씹할년, 자빠질 년아”라고 욕설을 하여,...

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