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(영문) 대구지방법원 김천지원 2015.10.08 2015고단877
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

피고인은 2015. 6. 16. 02:50경 구미시 C에 있는 D에서, 폭력신고를 받고 출동한 구미경찰서 E파출소 소속 경위인 피해자 B(52세)이 소란을 피우는 피고인을 제지하자 피해자에게 "이 씨발놈아, 짭새 새끼야."라고 욕을 하면서 우측 주먹으로 피해자의 좌측 턱 부위와 가슴을 각 1회 때렸다.

The Defendant assaulted the victim as above, thereby causing injury to the victim, such as an injury to the victim’s saves and impairment of the saves of oral discipline, and at the same time obstructing the police officer’s legitimate performance of official duties concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning B;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on investigation (referring to a medical certificate submitted by a victim, a police officer's certificate, or a job);

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 ordinary concurrent crimes (Punishments imposed on the crimes of serious bodily injury);

1. Selection of an alternative imprisonment with prison labor ( Taking into account the fact that there are many violence teams during the main sentence and no measures for recovery from damage);

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be considered that there is no record of punishment exceeding a fine, the confession of and reflect on a crime, other economic circumstances, such as depression, health conditions including depression, support relationship of two children, etc.);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (where it is inappropriate to examine the scope of liability for compensation in criminal proceedings);

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