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(영문) 창원지방법원 진주지원 2017.08.04 2017고단78
상해등
Text

A defendant shall be punished by imprisonment for six 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

1. On July 22, 2016, around 00:15, the Defendant: (a) around the Gyeongcheon-si Police Station C District; (b) around the Gyeongcheon-si, Gyeongcheon-si; (c) was voluntarily accompanied by the charge of assault against the owner of the packaging horse in front of the E shop located in D at the same time; (d) on the ground that the police officer did not install patrol cars at a place at his/her own request, the Defendant: (a) was out of the front of the said patrol car; and (b) was on board the F patrol vehicle used in the said patrol vehicle; and (b) on the ground that the police officer did not install patrol cars at a place at his/her own request, the Defendant cut off his/her door

Accordingly, the defendant damaged the patrol 70,000 won of market price used by public offices, thereby harming its utility.

2. The Defendant interfered with the performance of official duties, and the injured Defendant, within the same day of 02:00 on the same day, was arrested on the charge of causing damage to the public goods as above, and brought the Defendant to the victim G, a policeman serving in the above patrol group, who arrested the Defendant, brought the Defendant a bath to the Defendant, and broken the victim’s right to the Defendant.

As a result, the defendant assaulted police officers who perform legitimate duties concerning the maintenance of public order and, at the same time, inflicted an injury on the victim, such as an open room for the shoulder to the right side of the gambling room which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made to I by the police;

1. A written statement of I and G;

1. Patrols and photographs of the parts of the patrol and injury;

1. A medical certificate;

1. Application of the receipt statute

1. Relevant Article 141(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 136(1) of the Criminal Act; Articles 136(1) of the Criminal Act; and Articles 141(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of injury in the judgment and the crime of interference with the performance of official duties, and the punishment provided for in the crime of injury in the judgment above shall be imposed);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes for the Punishment of Bodily Harmed Crimes) of the Criminal Act;

1. Suspension of execution;

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