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(영문) 부산지방법원 동부지원 2014.09.25 2014고단640
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. 상해 피고인은 2014. 3. 2. 05:10경 부산 해운대구 C 지하1층 피해자 D(47세) 운영의 E 유흥주점에서 술값 지불 문제로 시비가 되자 피해자에게 "야, 이 쪼다 같은 새끼야, 좆밥 같은 게."라며 욕설을 하였고, 이에 피해자로부터 함부로 말하지 말라는 말을 들었음에도 계속 욕설을 하여 피해자로부터 "나이도 어린놈이 말버릇이 그게 뭐냐."라는 말을 듣자 주먹으로 피해자의 오른쪽 눈을 2대 때렸다.

As a result, the Defendant inflicted an injury on the victim, such as the right-hand part, which requires treatment for about six weeks.

2. On March 2, 2014, at the distance near the same place as Paragraph 1, around 05:35, the Defendant committed assault, such as: (a) the police officer G belonging to the Busan Coast Guard Station, who was called upon 112 reported on the said ground, arrested the Defendant as a flagrant offender and resisting to the police officer’s face of the police officer who belongs to the same district unit, blue the Defendant into a blue blue; (b) the police officer’s face, blue the blue, blue the blue, and walking the blue.

As such, the Defendant interfered with the police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

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

1. Relevant Article 257(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of injury and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the victim has agreed with D, that there has been no record of punishment heavier than the fine, that there has been no record of being sentenced to the punishment, and that the

1. Social service order under Article 62-2 of the Criminal Act;

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