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(영문) 창원지방법원 통영지원 2016.10.05 2016고단1106
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

1. On July 21, 2016, at around 00:00, the injured Defendant was on board a taxi operated by the victim B and was on the road in front of the 4065 Sindomined Gyeong-si, as he was fried, “Arried to the destination.” On the ground that the Defendant was shouldered, the injured Defendant was divided into a part of the victim’s knife with flabing, plucking, plucking, plucking, cutting down the victim’s flab, and knicked the victim’s knife with the right kne.

As a result, the defendant suffered from injury to the victim, such as saves and salt, saves, and saves that need to be treated for about two weeks.

2. On July 21, 2016, the Defendant of the obstruction of performance of official duties, as described in paragraph (1), voluntarily moved to the D police box located in C on the ground that he had inflicted an injury on B, and the security guards belonging to the above D police box voluntarily brought about the Defendant about the circumstances of the instant case, he was spiting the Defendant, spiting the Defendant on the floor, spiting the civil petitioner spit, cutting off on the floor, cutting off the Defendant’s work spit, cutting off the Defendant’s work spit, cutting off the Defendant’s work spit, cutting off the Defendant’s work spit, and spited the F of the above F with the hand of the police box belonging to the same police box.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, E, and F;

1. A written diagnosis of injury;

1. Application of each investigation report (dynamic image CDs) statute;

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the first crime (Obstruction of Performance of Official Duties) according to the sentencing guidelines of the Supreme Court shall be the obstruction of performance of official duties.

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