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(영문) 부산지방법원 2020.12.16 2019고단4433
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

1. On August 26, 2019, at around 05:25:25, the injured Defendant carried the victim C(21 years of age) in the front and front of the Busan B and the road at a rapid speed of Oralba, and brought the victim’s head over the stalb to the stalbed part of the victim’s head on the ground that the victim was her own, and continued to go beyond the stalb, and put the victim’s face on the part of the victim’s head when the victim’s face was taken over to the stalb on the part of the victim’s head.

2. The Defendant interfered with the performance of official duties was assaulted by a police officer in the process of performing his duties, such as taking the Defendant, removing the Defendant from the police officer, who is a police officer belonging to the Jeju Police Station D District Unit, who was dispatched after receiving 112 report at the date, time and place specified in paragraph (1) of this Article, in order to restrain assault.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing and maintenance of public order.

Summary of Evidence

1. Statement to E by the police;

1. Application of C/F’s photograph C/L photographic Acts and subordinate statutes to cover the victim’s batum of assault;

1. Relevant Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. A general injury [Type 1] ordinary injury (a special person] of a second crime (a determination of types of injury) (a determination of types of injury).

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