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(영문) 전주지방법원 2016.05.13 2016고단286
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant maintained the order of the B Secretariat established under the Korean Farmers Association’s Federation, and the Defendant maintained the order of the “North Korean Farmers Association prior to the discharge of bed rice imports and C(D Minister)” against the government’s rice imports, etc. for boomed rice.

At around 16:00 on June 30, 2015, the Defendant: (a) entered the front of the building in front of the F Party North Korea-do, the front of the F Party, located in the Yansan-gu, the Seoul National Police Station Guard Division G (42 tax) of the transportation division in charge of the assembly security service, into the F Party, the maintenance of this order, requesting facility protection; (b) both hand, interfered with the legitimate performance of duties of the police officer concerning the maintenance of the order of the above G, and at the same time, interfered with the police officer’s lawful performance of duties; (c) 2 week medical treatment for the above G; (d) the ebbbbbbbbb, eb, eb, eb, ebb, eb, eb, and eb

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to documentary evidence and photographs;

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning 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. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The sentencing criteria cannot be applied as they are, since the crime of injury and interference with the execution of official duties of the reference sentencing criteria are in a mutually competitive relationship, and the sentencing criteria do not present a separate handling method for the mutually concurrent crimes.

However, since the sentencing guidelines for the crime of injury reflects the interference with the execution of official duties as sentencing factors, the scope of the sentencing guidelines for the crime of injury is examined as reference materials for proper sentencing.

[Scope of Recommendation] General In the Area of Injury (General Bodily Injury) is the basic area (one month to one year).

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