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(영문) 대전지방법원 논산지원 2015.01.20 2014고단394
상해등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 25, 2014, at around 13:25, the Defendant: (a) 13:25, on the front way of “D” located in Chungcheongnam-gun, Chungcheongnam-do; (b) the Defendant was under the influence of alcohol from the Victim F (Nam, South, and 43 years old) (a police officer of the police station where the Defendant called out after receiving a report that he was frighting a fright; (c) and (d) the Defendant expressed a large voice, “Is the fright, Is the fright, Is the fright, Is the fright, Is the fright, Is the fright, and shes the fright of the victim; and (d) the fright of the chest, the Defendant frighted the fright of

As a result, the defendant interfered with legitimate execution of duties concerning reporting processing of 112 by the victim who is a police officer, and at the same time, the victim was faced with a scarke wall that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in F and G;

1. Application of the statutes described in the opinion;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences: Imprisonment with prison labor for one month to seven years (ordinary concurrence and choice of imprisonment);

2. Sentencing criteria:

(a) Basic area of the crime of bodily injury (determination of types): Violence Crime Group, General Injury Type 1 (Recommendation Scope of General Injury): Imprisonment with prison labor for not less than 4 months but not more than 1 years and June: In cases of minor injury / Special Aggravations: In cases of obstruction of performance of official duties;

B. Basic area of the crime of obstruction of the performance of official duties (determination of types of punishment): the group of crimes of obstruction of the performance of official duties, the first category of crimes of obstruction of the performance of official duties (the scope of recommendations): Imprisonment with prison labor for a period of six months to one year and four months: None of special factors / None of special factors:

3. Determination of sentence: Six months of imprisonment; and

4. Whether to suspend the execution: The conditions which are advantageous to the two years of suspended execution [unjustifiable circumstances] and three times of a fine for violence.

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