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(영문) 창원지방법원 2016.08.25 2016고단1543
상해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인은 2016. 5. 1. 02:10 경 김해시 B 1 층에 있는 C 식당에서, 싸움이 났다는 112 신고를 받고 출동한 김해서 부 경찰서 D 파출소 소속 경찰 관인 피해자 경위 E(49 세) 등이 사건 경위에 대하여 물어본다는 이유로 피해자에게 “ 너는 뭐꼬, 상관 없으면 저리 가라, 너희들은 내가 작정하고 민원 넣어 달려들면 다 짜를 수 있다” 고 말하면서 손바닥으로 안경을 쓰고 있는 피해자의 얼굴을 밀쳤다.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the 112 Report Processing duties, and at the same time, the Defendant conducted a visual eye and a visual eye around the victim in need of treatment for about one week.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A report on the occurrence, damage, and on-site photographs;

1. Application of Acts and subordinate statutes on diagnosis certificates and safe receipt;

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 punishment imposed under Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence is under the influence of alcohol and thus, the crime is not less severe since the defendant's act of violence is committed against the police officer who restrains the application of violence: Provided, That the execution of the sentence is to be suspended considering the following: (a) the degree of injury is not severe; and (b) the defendant is the first offender who has no criminal history; and (c) the defendant is in a depth of

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

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