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(영문) 창원지방법원 통영지원 2020.01.08 2019고단1096
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 00:55 on September 17, 2019, the Defendant: (a) reported on September 17, 2019 that “the fluent male does not drink food and drink at a fluent male; (b)” in front of the fluence on the street, the Defendant: (c) told the Defendant, a victim, who was called out after receiving 112 a report, to calculate the fluent truck from a fluent truck, and recommended him to return home on the ground that “the fluent distance fluence, so that he will fluent, so that he will die at any time; and (d) fluent the victim’s fluence, thereby putting the victim over the floor, and then putting the victim’s face into drinking.

As a result, the Defendant interfered with the legitimate performance of official duties by police officers related to the 112 Report Handling Affairs, and at the same time, the Defendant inflicted an injury on the victim, such as climatic salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A CD;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Reference to the sentencing criteria (referring to the scope of individual sentencing because it is a commercial concurrent crime);

(a) Group 1 (Determination of Punishment) Crimes (Bodily Injury). General injury [Type 1] General injury (Special Aggravation): In cases of the obstruction of performance of official duties (in cases of the obstruction of performance of duties, the scope of recommendation and recommendation] increased area, six months to six months of imprisonment;

B. Second Crimes (Determination of Suspension of Performance of Official Duties) / [Type 1] Obstruction of Performance of Official Duties / No person forced to perform his/her duties (special person who is sentenced to punishment] (the scope of recommendation area and recommendation range) basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for not more than ten months and two years of suspended sentence; and

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