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(영문) 부산지방법원 2018.08.16 2018고단2572
상해등
Text

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

Reasons

Punishment of the crime

1. On May 8, 2018, the injured Defendant, at the main point of "C" located in Busan B, a Busan, on May 8, 2018, and on the ground that, while drinking alcohol with the victim D (25 years of age) who is a company partner, the injured Defendant suffered injury, such as subleting the right side of the victim, which requires medical treatment for about 28 days, by taking several times, on the ground that the victim was faced with alcohol and drinking alcohol with the victim D (25 years of age) who was on his/her own.

2. The Defendant interfered with the performance of official duties was found to have a defect in arresting the Defendant as a current offender of the assault by a police officer F, who was called out upon the date, time, place, and report of the assault as stated in the above 1. Paragraph 1. The Defendant’s failure to arrest the Defendant as the Defendant.

The act of assaulting the above F with sound and carrying one’s own arms, booming clothes, booming his hand, thereby obstructing the police officer’s legitimate performance of duties in relation to the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to F, G, and D;

1. A criminal investigation report (at the time of dispatch to the scene, parts of the victim's wife, etc.);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment) concerning the facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the final sentence due to the aggravation of multiple crimes, where the basic area (finitely from June to January) of the first category (finitely from June to June) of the basic area (finitely interfering with the performance of official duties) of the first class (finitely interfering with the performance of official duties) of the sentencing guidelines (finitely interfering with the execution of official duties) [f in one year and six months] of the sentencing guidelines (finited from April to January 6) of the basic area (f in one year and six months) of the sentencing guidelines] of the first class (find from April to February): six months to March;

2. The fact that the defendant who made the decision to punish him/her has led to an offense, and repented his/her mistake, and is a special larceny.

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