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(영문) 대전지방법원 2016.07.01 2016고단1133
상해등
Text

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

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

Reasons

Punishment of the crime

On April 5, 2016, at around 23:40, the Defendant: (a) returned home after being examined by the instant police box, E, a workplace guard; and (b) prevented the victim guard F (56) who belongs to the said police box, from lodging back again; (c) caused the Defendant to interfere with the police officer’s legitimate performance of duties concerning the prevention of the crime; (d) at the same time interfere with the victim’s face-to-face treatment, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the legislation in its opinion;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The case was one of the cases where a police officer in the course of performing official duties uses violence to inflict an injury requiring medical treatment for about two weeks; the defendant not only four times the records of violent crimes but also has been punished once as a result of obstructing the performance of official duties: The extent of injury of the victim is not much serious; the decision of the suspended sentence to the effect that a confession and reflect is made: The above circumstances are different from the above circumstances; the defendant's age, sexual behavior, environment, motive, means and consequence of the crime; and the various conditions of sentencing as shown in the argument of this case, such as the circumstances after the crime, are considered.

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