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(영문) 창원지방법원 통영지원 2017.01.26 2016고단1821
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 10, 2016, around 00:50 on September 10, 2016, the injured Defendant collected the victim F (n, 47 years of age) who was on his/her mobile phone at the seat transporter with D’s drinking value from the E main car transporter of the operation of D on the first floor of the Gosung-gun, Gosung-gun, Gosung-gun, Kim Sung-gun, to be a trial for D’s drinking value.

As a result, the Defendant brought the victim with a loss in need of approximately two weeks of treatment.

2. Around 01:00 on September 10, 2016, the Defendant obstructed the performance of official duties, at the above place, collected evidence related to the instant case, such as taking photographs of the upper part of the said F, which was sent to the site by a police officer belonging to the Gosung Police Station G District, who was called to the site after having received a report that the Defendant would escape a disturbance, and taken pictures of the upper part of the said F, thereby gathering him/her from the victim’s face.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers for 112 report handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate of injury inflicted on each police's statement against D, H, and F;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs of the scene of crime and the body of the victim);

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and four months), and there is no special sentencing factor;

(b) Class 2 Crimes (Assaults) [Scope of the recommended punishment] general injury, and Type 1 (General Injury) (2-1 year from February to year) in the mitigation area (2-1 year) is not subject to punishment;

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year;

2. Specific reasons for sentencing are as follows.

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