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(영문) 의정부지방법원 고양지원 2019.06.12 2019고단758
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. At around 05:30 on March 8, 2019, the injured Defendant was at the time of drinking the victim’s face, on the ground that: (a) the Defendant’s house located on the fourth floor of the building B in Yongsan-gu, Yongsan-gu; (b) the victim C(24 years old); and (c) the Defendant’s house would drink at the Defendant’s house and drink at the Defendant’s house; and (d) the Defendant’s house would drink the victim’s house.

As a result, the defendant suffered injury from the victim's 2ndes and the boness of the victim, which is not known of the treatment days.

2. At around 05:30 on March 8, 2019, the Defendant: (a) received a 112 report from the front floor of the building mentioned in the foregoing paragraph (1) to the effect that “at least two male persons desire to continue to commit disturbance; and (b) received questions about the details of disturbance from the slope F belonging to the E District Unit of the Busan Western Police Station E District, the Defendant expressed a bath, “I would like to get the fluor of the fluor of the fluor,” and spited the f’s face once.

Accordingly, the Defendant assaulted as above and interfered with the legitimate execution of duties by police officers concerning crime prevention, suppression and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement against F and C;

1. Photographs photographs of the defendant, etc., and photographs on the damaged part of the victim;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 136 (1) of the Criminal Act (the point of execution of public duties), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) No. 2 (influence of types) violence crimes (a determination of types), general, 01.

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