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(영문) 전주지방법원 2016.06.24 2015고단2158
상해등
Text

A defendant shall be punished by imprisonment for six 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

On October 17, 2015, at around 03:10, the Defendant: (a) received a report as a assault case in front of the underground sidewalk located in 262 at the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the Defendant, and received a removal from D from the slope D belonging to the department of the police box of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the Defendant, the Defendant expressed to D the following: (b) “I am to be treated, I am to be cut off; (c) I am to be known to the police officer; (d) I am to the police officer; (d) I am to have the front of the front of the front of the front of the front of the front of the front of the front; and (d) obstructed the police officer’s legitimate performance of duties;

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Article 257 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. 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. Since the crime of injury to the application of the sentencing criteria and the crime of interference with the execution of official duties are in an ordinary concurrent relationship, and the sentencing criteria do not present a separate handling method for the ordinary concurrent crimes, the sentencing criteria cannot be applied as they are.

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] In general, one type of bodily injury (general injury) (one month to one year) (one year and six months) (the person who has been specially mitigated) shall be minor injury (the person who has been specially mitigated).

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