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(영문) 부산지방법원 2018.07.20 2018고단689
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 11, 2012, the Defendant was sentenced to imprisonment with labor for fraud at the Seoul Central District Court for three years and six months, and on July 19, 2013, the same court sentenced to imprisonment with labor for fraud, violation of road traffic laws (drinking, driving without a license), and completed the execution of the sentence in Seoul Southern Prison on November 9, 2016.

1. On January 6, 2018, the Defendant: (a) around 21:17, in the “D Parking Lot” located in Jung-gu Busan (Operation of the Victim E (hereinafter “E president”) in Jung-gu, Busan (Operation of the Victim E (hereinafter “E president”) the Defendant was under the influence of alcohol on the ground that the victim moved the Defendant’s vehicle to allow another customer to move his vehicle; and (b) the victim was knee, knee, knee, knee, knee, knee, knee, knee, kne on the left side floor; and (c) kne, etc., kne, kn the left side of the victim (the need for treatment between approximately 49 days).

2. 공무집행 방해 피고인은 제 1 항과 같은 날 21:45 경 위 주차장으로 112 신고를 받고 출동한 부산 중부 경찰서 F 지구대 소속 경위 G( 이하 ‘G 경위 ’라고 한다 )으로부터 제 1 항 기재 범죄사실로 현행 범인으로 체포되자 G 경위에게 “ 네 가 경찰이야 이 씹새끼야! ”라고 욕설을 하며 오른 발로 G 경위의 가슴 부위를 1회 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of G circumstances and each statement to the president of E;

1. Investigation report (1) , each photograph/cinematographic output (including closed circuit television images), and injury diagnosis report;

1. Previous conviction: Inquiry about criminal history, sentence of judgment, inquiry about summary information of case, and application of Acts and subordinate statutes to the personal expropriation status;

1. Relevant Article 136(1) of the Criminal Act concerning the facts constituting an offense and Article 257(1) of the Criminal Act concerning the choice of punishment (a)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (in the event of interference with the execution of official duties) shall interfere with the execution of official duties.

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