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(영문) 부산지방법원 2013.08.27 2013고단2678
상해등
Text

A defendant shall be punished by imprisonment for six 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 January 29, 2013, the obstruction of performance of official duties and the Defendant: (a) on January 29, 2013, at around 03:45, the Defendant went out of the house with the victim D (the age of 28) who was dispatched to the C District, who was dissatisfied with his/her cohabiting female of Busan Jin-gu B apartment 310 dong 104, and was reported domestic violence.

The Defendant, in front of the above guard room, expressed the victim’s desire to confirm himself, “I am feas, p.h., and am kh.h. k. k. k. k. k. k. k. k. k. k. k. k. k. kn. k. kn. k. kn. k. the victim’s kn. kn. kn. kn. kn. kn., the Defendant, at the same time, had the victim’s kn. kn. k. on the floor, had the victim’s kn. k. k., and had the victim interfered with the police officer’s performance of his duties, and had the victim suffered injury

2. Around 04:00 on January 29, 2013, the Defendant publicly insultingd the victim by saying, “F, etc., who was investigated into other cases within the Busan Jingu Police Station C District located in Busan, the Busan, and who died of the victim’s slope G at a large interest rate.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Application of the legislation in its opinion;

1. Relevant Article 136 (1) of the Criminal Act concerning the crime, Article 257 (1) of the Criminal Act, and Article 311 of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

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. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act requires strict punishment by emphasizing the state's public authority, and the defendant commits the crime of this case again, even though he has the past record of being sentenced to suspended sentence due to the obstruction of performance of official duties.

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