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(영문) 부산지방법원 동부지원 2018.03.08 2017고단2550
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 27, 2017, at around 01:56, the Defendant: (a) operated the Oral Ba in front of the D Jeong-type and the Nomba in front of Busan metropolitan Daegu, on the ground that the Defendant reported 112 of the Victim B (61) while talking about the 112 report while driving the Oral Ba in a drunken state; (b) the Defendant reported her 112.

2. The Defendant obstructed the performance of official duties, at the time, at the place specified in paragraph 1, and at the place specified in paragraph 1, notified the Defendant of the alcohol concentration by the police officer F of the Busan Coast Guard E box, who was dispatched to the Busan Coast Guard E box, after measuring the alcohol level during blood alcohol, and assaulted the Defendant with the head, “Is the bit of bit of bitch, bit of bitch, bit of bitch,” and “Is the bit of bit of bit of bitch.”

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. Each written statement of G and H prepared;

1. Application of Acts and subordinate statutes to an investigation report (in the event of submission of a certificate of injury) - A victim B, a certificate of injury diagnosis, an investigation report (in the event of a black stuff image analysis - the submission of a breadth B), attachment of a CD copy of a black stuff, investigation report (in the event of a black stuff image verification).

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act (the point of harm), and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 32(1)3 and (2) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the applicant shall be deemed to be the applicant for compensation)

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