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(영문) 창원지방법원 2016.04.28 2016고단608
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 12, 2015, the Defendant: (a) took the influence of alcohol in “Creing room” located in “Creing room” located in “Creing room” located in “Creing room,” and (b) brought an injury to the victim D, an employee of the Defendant, who is an employee of the Defendant; (c) “I am in these Creing room with C, and I am at the time; and (d) am with the victim who moved to the damaged place, I am the victim’s nose.

As a result, the Defendant suffered bodily injury that requires four-day medical treatment due to the cutting off of aggregate.

2. The Defendant interfered with the performance of official duties at the above date, time, and place as seen above, and as the guard F of the police box affiliated with the police station E box sent out to the site after receiving a report of D, prevented customers from raising a trial fee, the Defendant dumped and dumped the above F’s f’s ebb

Therefore, even though the above F can be arrested as a flagrant offender under the suspicion of interference with the performance of official duties if he did not live in the balth, the Defendant continued to commit assault, such as making a balthm and salping the F’s left mouth, and cutting down the F’s left mouth.

Accordingly, the defendant interfered with the legitimate performance of police officers' official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to medical certificates and photographs of damaged parts;

1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, Articles 257(1) and 136(1) (a) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment, respectively;

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. On the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution, Article 62(1) of the Criminal Act, crimes 1 (Obstruction of Execution of Official Duties) [the scope of recommending punishment] in the area of mitigation (including serious efforts to recover damage) or damage from considerable parts of punishment (including serious effort to recover damage) or damage to the basic area (from June to January 1) (the scope of recommending punishment) of Article 62(1) of the Act on the Suspension of Execution.

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