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(영문) 울산지방법원 2016.10.28 2016고단3410
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 29, 2016, at around 00:55, the Defendant walked for Si expenses to D, etc., who were involved in Ulsan-gu B, Nam-gu, Seoul-gu, without any reason.

112 신고를 받고 출동한 울산남부경찰서 E지구대 소속 순경 피해자 F(남, 23세)로부터 사건 경위에 관하여 질문을 받게 되자, 피고인은 “뭘 때려 ”라고 하면서 피해자의 멱살을 잡고 이를 제지하는 피해자의 목 부위를 손톱으로 할퀴었다.

The Defendant interfered with the legitimate performance of duties concerning the handling of the reported case by the victim, and at the same time, the Defendant received the victim’s scam and scam, which require medical treatment for about one week.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written request for cooperation with investigation;

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

1. Inflicting relevant legal provisions on criminal facts: Interference with the performance of official duties under Article 257 (1) of the Criminal Act: Article 136 (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. As to the assertion of mental disorder under Article 62(1) of the Criminal Act, in light of the Defendant’s behavior before and after the crime, etc., it cannot be deemed that the Defendant committed a crime under the influence of alcohol with the lack or weak ability to discern things or make decisions.

Reasons for sentencing

1. The recommended type 1 (General Bodi) (General Bodily Inflicting) mitigated element: In the case of interference with the performance of official duties, the scope of punishment [the scope of recommendation] in the case of interference with the performance of official duties: four months to one year and six months (basic area) (the general person): the mitigated element of mitigation of sentence] - The recommendation of suspension of execution - In the case of interference with the performance of official duties: In the case of interference with the performance of duties, the positive reason for suspension of execution - Where minor injury, the attitude of crime is minor, criminal punishment is minor - there is no negative reason for general participation - there is no positive reason for general participation: contingency, serious reflect, and there is no positive reason for general participation.

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