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(영문) 광주지방법원 해남지원 2017.08.10 2017고단192
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On April 9, 2017, the Defendant: (a) 1:20 on April 21, 2017, at C’s station located in the Southernnam-gun, Namnam-gun, where drinking together with the victim D (60 taxes); (b) 1: (c) 21:20, the head of the victim was able to take one time the head of the victim, who was a dangerous object on the tables, while drinking alcohol together with the victim D (60 taxes); and (d) 2: (c) the head was open to the part of the head, who

2. On April 9, 2017, around 21:50 on April 21, 2017, the Defendant: (a) expressed that the police officer F (40) affiliated with the Southern Coast Guard E box, who received the said report from the above main station, intends to arrest the Defendant as a current offender, and attempted to wear the Defendant; and (b) the F (3) expressed that “I must open. I am to see. I am. I am. I am. I am. I am. I am.”

Accordingly, the Defendant interfered with F’s legitimate execution of duties concerning reporting duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to investigation reports (including on-site conditions, etc., related to interference with the performance of official duties, attaching field pictures, the details of the hearing of the owner of the business at C main shop, diagnostic documents, attached documents of a request for identification, attached photographs, etc.);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties, and choice of imprisonment with labor);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria;

(a) Interference with the performance of official duties [Scope of a recommended punishment] The basic area (from June to one year and six months) (the person who is subject to special sentencing) shall not interfere with the performance of official duties.

(b) Application of standards for handling multiple crimes: Imprisonment with prison labor for not less than six months (the crimes for which the sentencing criteria are set and the crimes for which the sentencing criteria are not set are concurrent crimes in the former part of Article 37 of the Criminal Act.

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