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(영문) 대구지방법원 포항지원 2016.07.07 2016고단379
상해등
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

On February 28, 2016, the Defendant was requested to return home by C (49 years old) and D (43 years old), a police officer affiliated with C (43 years old), who was called for a police station B of the Port and Port Police Station B of the Republic of Korea, to pay the drinking value at around 04:10 on February 28, 2016, because the drinking value was not paid at a entertainment station located in Heak-gu, Chungcheongnam-gu, Northern-gu, North Korea, the Defendant did not pay the drinking value at around 04:10.

He said, “The merchants’ Association Da, Rings only killed, and Don,” that D chest was sealed in two hands, and C prevented it, which led to the collapse of the other parts of the part requiring approximately two weeks of treatment to the victim C, by making his working clothes and KON knife and knife in hand, and destroying C and D beyond the floor, thereby interfering with legitimate execution of duties concerning the handling of the reported case 112 report and causing damage to C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer with respect to F (W) and C (victims);

1. A medical certificate;

1. Application of Acts and subordinate statutes to each investigation report (referring to photographs at damaged scene; attaching a copy of work log);

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

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act (the punishment prescribed for the most severe injury shall be imposed, but choice of imprisonment shall be imposed);

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

1. The reason for the sentencing of Article 62-2 of the Social Service Order Act [the scope of recommendation] general injury [the scope of punishment] is the basic area (the term of imprisonment from April to one year and six months) of the basic area (the term of imprisonment with prison labor] / (the term of special mitigation) / In the event of interference with the performance of official duties (the term of sentence decision] / In the event of an assault by two police officers dispatched after receiving a report 112, causing injury to one of them; the agreement with the victim or failure to pay damage; the defendant did not pay damage; and the defendant had several records of punishment for a crime related to violence: the degree of normal injury is special.

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