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(영문) 광주지방법원 순천지원 2021.01.13 2020고단2459
상해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 23, 2020, at around 13:20 on September 23, 2020, the Defendant’s wife, at the Defendant’s residence located in B, reported to the effect that “the Defendant’s wife is a domestic violence” by the Defendant, who was dispatched to the scene after receiving a report from 112, is clearly recorded that “F” as stated in the E indictment in the circumstances where the Defendant was assigned to the police station, is a clerical error of “E”

( South, 50 years old) sought to verify the above details of the report from the Defendant, the victim’s body was kiddd by hand, was pushed the victim’s body toward the windows located in the front door, and the victim’s leg was tightly tightly knicked with the victim’s body and pushed the victim’s booms over the stairs of the seat, thereby causing about 2 weeks of the need for treatment.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to E and G prepared by the police;

1. Statement of opinion;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the crime of obstructing and injuring the execution of official duties of this case on the grounds of sentencing under Article 62(1) of the suspended sentence is an ordinary concurrent crime, and since the standards for handling multiple crimes in sentencing guidelines are not applied as they are, it shall be determined by referring to the scope of recommendations

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

(a) A crime No. 1 (In the event that an intentional act is committed against a general injury [Type 1] ordinary injury (special sentencing factors]: In the event that an intentional act is committed, minor injury, non-influence of punishment/aggravating factors:

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