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(영문) 대전지방법원 천안지원 2020.06.08 2020고단327
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

On December 14, 2019, at around 23:29, the Defendant, at around 23:29, brought a dispute with a female-friendly job offer D in the Defendant’s residence located in the building B in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant: (a) reported and sent a 112 report to the injured party F (35 years old) of the Gasan Police Station E box called “whether or not he was entering the house on the ground of Monson; (b)” refers to the victim’s left hand by hand; (c) the victim’s chest part was pushed back in a hand, and continued to move to the said D with his hand; and (d) the victim’s left hand was plicked from the victim.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on the handling of the 112 Report Report case, and at the same time, the Defendant inflicted an injury on the victim on the aggregate of the fourth executive officers in need of treatment between approximately 42 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, D, and F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on details of handling 112 Reporting Cases;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Aggravated Punishment heavier than that of an injury).

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act;

5. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures.

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than seven years;

2. Scope of the recommended sentencing criteria: Imprisonment with prison labor for not less than six months but not more than three years and three months (the sentencing criteria shall not be applied as commercial concurrent crimes, but shall be deemed for reference);

(a) Basic crime: Crimes of bodily injury [Article 1] General Injury [Special Aggravation] : In the case of obstruction of performance of official duties (the area of recommendation and the scope of recommendation]: Six months to two years and six months; and six months; and

B. Second concurrent crimes: the obstruction of performance of official duties (a decision of punishment) is a crime of obstruction of performance of official duties.

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