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(영문) 대구지방법원 서부지원 2018.07.11 2018고단77
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 25, 2017, the Defendant: (a) received a report from the Daegu Seo-gu Police Station Cown-gu Police Station, Daegu, Seo-gu, Daegu, on the “not paying a charge to a drunk passenger”; and (b) caused damage to the left-hand boomed nature of a police officer, which requires approximately two weeks of medical treatment to the female, on the ground that the police officer D, who was employed in the said cab, was able to take a bath immediately while taking his/her bath at the cab, and was able to get off the said police officer on his/her hand; and (c) caused damage to the left-hand boomed nature of the police officer who was able to take two weeks of medical treatment.

As a result, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes, and at the same time, injured the victim D (the age of 26).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. The third district office;

1. Application of Acts and subordinate statutes to investigation reports (referring to submission of written diagnosis of injury to a victim);

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. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is the factor for sentencing unfavorable to the Defendant, such as the following: (a) the Defendant’s use of violence to police officers in the process of performing official duties causes injury to a police officer; (b) the nature of such crime is grave; (c) the victim wants to punish the Defendant; and (d) the victim’s damage was not recovered; and

On the other hand, the fact that the defendant led to confession and reflects the crime of this case, that the defendant committed the crime of this case under the so-called "booming", and that there is no record of punishment exceeding the fine, etc. are factors for sentencing favorable to the defendant.

In addition, all other circumstances, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence, etc., and the circumstances after the crime, etc., which form the conditions for sentencing as shown in the argument of this case.

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