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(영문) 대구지방법원 2019.06.25 2019고단2067
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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 April 2, 2019, the Defendant suffered special injury: (a) around 02:10, at the residence of the victim C(59 years of age) in Daegu Northern-gu, Daegu Northern-gu; (b) took a dispute with a telecommunications cable installation issue; (c) was a small-scale disease, which is a dangerous object in the region where the victim’s head was live, and caused injury to the victim in which the part of the number of days of treatment days was teared.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant, at the time and place specified in paragraph (1) of this Article, expressed a bath to the Defendant, “I am the soldiers,” and “I am asked questions about the circumstances of the instant case from the slope E belonging to the Docs of the Daegu Gangseo Police Station, which was called upon 112 report and called “I am the Defendant, I am the same as I am the instant slope E once in drinking, and am the same as I am the said slope E in drinking.

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 of E and C;

1. Application of Acts and subordinate statutes to work place and photographs;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 136 (1) of the Criminal Act concerning the crime, the choice of punishment, and Articles 258-2 (1) and 257 (1) of the Criminal Act;

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. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Special injury (special injury) (special injury) (determination of types) and repeated injury (special injury and repeated injury) [Article 1] special injury (special person to be specially punished] mitigation elements: Efforts to recover damage resulting from non-compensation of punishment.

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