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(영문) 대전지방법원 공주지원 2014.09.12 2014고단157
상해등
Text

A defendant shall be punished by imprisonment for one year.

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 May 26, 2014, the injured Defendant: (a) around 00:10 on May 26, 2014, at the Gongju-si C Apartment 101-dong 1110, the Defendant was suffering from the Defendant’s wife D (Woo, 45 years of age) at the Defendant’s home located; (b) 5-6 times walked from the Defendant’s wife; and (c) the victim “I will not be able to frank down next to the aftermath of the alcohol; and (d) 6-7 times walked the victim’s side glass and hand, thereby making the victim f-7 times of walking so that the victim flicked knicked knife on the treatment days.

2. At around 00:40 on the same day, the Defendant used a knife (the total length of 25cc, 12cc) that is a dangerous object of the defect that the official police station E Zone G, and the slope G, dispatched after receiving a report of domestic violence as described in the above paragraph (1), in front of the above residence, carried the knife (the total length of 25cc, the knife length of 12cc), and used the knife (the knife length of 31cc, the knife length of 20cc), which is a dangerous object of the knife’s hand, on several occasions.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Each police officer's statement about D and G;

1. Photographs, records of seizure, list of seizure, and evidence of seizure of the tools of the crime;

1. A photograph of damaged part of the victim;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 144(1), 136(1) (special obstruction of performance of official duties) and 257(1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the special crimes of obstruction of performance of official duties among the crimes of special obstruction of official duties, and the punishment against those of bad slope G with the quality of the crime);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. The suspended sentence is among the reasons for sentencing under Article 62(1) of the Criminal Act.

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