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(영문) 울산지방법원 2015.10.08 2015고단1701
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

On July 3, 2015, at around 00:03, the Defendant: (a) received a report from the Defendant to avoid disturbance in front of the latter part of the C convalescent Hospital located in Yangsan-si; and (b) received the Defendant’s head at one time by hand before the victim E (the age of 30) who is a police officer of the Yangsan Police Station, a police officer affiliated with the Yangsan Police Station, who was called out by the Defendant; (c) took custody of the Defendant’s head at one time by hand; (d) opened the police officer at the right shoulder of the victim; (d) opened the police officer at his hand, she pushed the victim into the victim’s right shoulder; and (e) took part of the left part of the victim’s head; and (e) took part of G police officer at the same police box to restrain it.

As a result, the Defendant interfered with the legitimate performance of official duties concerning the handling of the case of 112 Report by the victim and the above G, and at the same time, the victim was knee in a knee-gel, who requires two weeks of treatment

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and G;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each damaged part of the photograph;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the 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. 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. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The basic area of the obstruction of the performance of official duties (six to one year and four months) [Determination of sentence] / The crime of this case is committed by assaulting the police officers dispatched after receiving 112 report, thereby obstructing the performance of official duties and causing injury to the police officers who suffered damage in light of the circumstance, method, etc., the crime is not good, and there is a need to strictly punish the crime of obstructing the performance of official duties in order to establish the state's legal order and eradicate the light of the public authority, and there is a need to strictly punish the crime of obstructing the performance of official duties, and the fact that there are several times of violence that

(b).

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