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(영문) 대구지방법원 2016.06.30 2016고단1571
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

1. On March 14, 2016, around 00:20 on the first floor of the building located in Daegu-gu Dong-gu, Daegu-gu, Daegu-gu, the Defendant damaged the police officers who received 112 a report that the Defendant abused a taxi engineer, and were in motion to take care of the police officers dispatched after receiving a 112 report, so that the police officers could be removed from their her friends, thereby destroying the entrance door of the building owned by the victim E, thereby damaging the repair cost of KRW 60,000,000.

2. On March 14, 2016, around 00:35, the Defendant: (a) arrested the Defendant as a flagrant offender on the road in front of Daegu Dong-gu, Daegu-gu; (b) on the 112-report that the Defendant used to assault a taxi engineer; (c) arrested him from G in the circumstances belonging to the F District Group of the Daegu Dong-dong Police Station, Daegu-gu, Seoul-gu, where he was called into a flagrant offender; (d) assaulted his face on one occasion by drinking, knee, knee, 2-3 times in walking, and knee, knee, kne, with his face, with his hand, once.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of the 112 Report Report case, and at the same time, conducted an internal inspection of the left-hand side, which requires three-day medical treatment to the victim G, and conducted an internal inspection of the victim H, which requires two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, G, H and J;

1. On-site photographs within the F global belt;

1. Each medical opinion;

1. Side photographs of an injury inflicted by a damaged police officer;

1. A glass damaged photograph of an entrance;

1. Application of the written estimate statutes;

1. Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, concerning facts constituting an offense (a point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to crimes of injury and interference with the execution of official duties);

1. Selection of each sentence of imprisonment;

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. The reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions favorable to the reasons for sentencing) are as follows: (a) the Defendant, while under the influence of alcohol, destroyed the victim E’s property and violence is committed against the police officers dispatched.

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