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(영문) 부산지방법원 2015.11.05 2015고단4707
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 June 3, 2015, around 00:30 on June 3, 2015, the Defendant: (a) at the main point of “D” located in the Busan Dong-gu, Busan; (b) without any reason, the Defendant destroyed and damaged the Defendant’s property damage by making the phone door of the main toilet located in the victim E-owned without any reason.

2. From around 00:30 on June 3, 2015 to around 00:50 on the same day, the Defendant: (a) reported 112 on the roads near the said main station; (b) sent out by the Defendant on the ground that G, a police officer belonging to the Busan East Police Station F District, who called the Defendant, attempted to arrest the Defendant as a flagrant offender committing a crime of property damage; and (c) taken the her mother on one occasion at one time, he/she obstructed a police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation of a crime by taking the face of G on one occasion.

3. From 00:50 on June 3, 2015 to 01:00 on the same day, the Defendant interfered with the performance of official duties and the Defendant: (a) at the F District at the Busan Dongdong Police Station located in Dongdong-gu, Busan; (b) the victim G (35 years of age) set the Defendant’s hand jackets, thereby interfering with the police officers’ legitimate performance of duties regarding the prevention, suppression, and investigation of water crimes by shouldering the victim’s hand jackets; (c) at the same time, the victim interfered with the victim’s legitimate performance of duties; and (d) at the same time, the victim’s right booms, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 257 (1), 136 (1), and 366 of the Criminal Act concerning the facts constituting an offense;

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

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 Act;

1. Second crimes for which the reason for sentencing of Article 62-2 of the Criminal Act of probation and community service order has no basic area (6 to 1.4 months) (6 to 1.4 months) of obstruction of performance of official duties (the scope of recommendation).

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