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(영문) 부산지방법원 2015.02.05 2014고단9222
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 September 23, 2014, around 10:15, the Defendant: (a) expressed that the Defendant was under influence of alcohol in front of “D” located in Busan Northern-gu, and was under influence of alcohol in front of “D; (b) the head of Busan Northern Police Station E zone belonging to the Busan Northern Police Station E zone called the head of the police station, who was called out after receiving a report, is prone to the Defendant so that the Defendant can have the Defendant returned to the Defendant, and (c) the head of the police station F, who was under the influence of alcohol, expressed that the Defendant “I are dissatisfied with the signal apparatus at the low season and the Miscellaneous F face and chest of the above border; (d) the Defendant was able to walk the body of the head of the police station in front of Busan Northern-gu; and (e) the number of shares for the victim (32 years years old) who was under the control of the head of the police station in front of Busan Northern-gu, where he was under the influence of alcohol.

As a result, the Defendant interfered with the legitimate execution of duties by police officers with regard to the dispatch of 112 reported service, and at the same time injured the victim F.

2. The Defendant damaged public goods and caused damage to the Defendant’s utility by putting the flagrant offender arrested in a flagrant offender on the grounds as stated in paragraph (1) at the time, place, and in a manner as indicated in paragraph (1) and putting the h patrol vehicle in the process of carrying out the h patrol vehicle, leaving the hacker’s back door on the right side of the said patrol vehicle, thereby destroying the hacker’s repair cost to reach approximately KRW 509,309.309.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to a written opinion and a written estimate of general repair cost;

1. Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (each crime of obstruction of the performance of official duties, each one of the crimes of bodily injury, and punishment prescribed for the most severe crime of bodily injury);

1. Selection of each sentence of imprisonment;

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

1. Article 62(1) of the Criminal Code (i.e., confessions, victims F., etc.) of the suspended sentence.

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