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(영문) 대구지방법원 2018.11.08 2018고단4080
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2018, the Defendant: (a) sing the victim E (41 tax) called the police officer called the Defendant, who was called the Defendant upon receiving a report of 112 to the effect that the Defendant assaulted D on August 22, 2018, the Defendant asked the Defendant about the circumstances of the instant case, “A Party E (41 tax), who is the police officer called the Defendant, one time to ask him about the right side of the victim, and one time to ask him about the victim’s face.” (b) The Defendant sing down the victim’s face part to the victim’s face part to the victim’s face part to the victim’s face part to the victim, sing off, face to the hand, and hand.

As a result, the Defendant assaulted police officers who perform duties related to the prevention, suppression, and investigation of crimes, and at the same time inflicted injury on the victim, such as the impairment of scambry, gambling, and scambling of the following arms in need of medical treatment of about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of any report on internal investigation (attached to a written statement), report on internal investigation (attached to a written diagnosis of injury);

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The crime of this case at a disadvantage - The defendant's act of assaulted against a police officer dispatched after receiving a report of assault under the influence of alcohol, thereby causing bodily injury and obstructing the performance of official duties, and thus, it is necessary to punish the defendant strictly due to the nature and circumstances of the crime.

- A damaged police officer suffered an injury, such as an excessive injury, but not compensated for such injury.

The defendant is led to a confession of the defendant and reflect his depth in order to prevent recidivism.

- There is no criminal history of the same kind of power or suspended execution or above.

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