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(영문) 부산지방법원 2019.10.01 2019고단2662
특수상해등
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 April 9, 2019, the Defendant: (a) around 21:10 on April 21, 2019, at the “D” where the victim C (the 35-year-old age) was working for the victim C (the 35-year-old) in the Dong-gu Busan and the 2nd level; (b) had a risk of carrying alcohol without any justifiable reason, and (c) had a face of the victim’s left side taken one time, and had the victim undergo treatment between approximately two weeks.

2. On April 9, 2019, at around 21:25, the Defendant: (a) sent to the site after receiving a report of 112 at the places indicated in the foregoing paragraph (1); (b) took a bath for the Defendant to keep the said C on provoking, and assaulted the instant F on one occasion the left side part of the said F on the right drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. Photographs of criminal tools;

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

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 136 (1) of the Criminal Act concerning the crime, the choice of punishment, and Articles 258-2 (1) and 257 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury and Cumulative Bodily Injury) (Type 1) No special injury (Special Bodily Harm) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and six months to two years;

B. Second Crimes (Determination of Punishment of Obstruction of Performance of Official Duties) / [Type 1] Obstruction of Performance of Official Duties / No person who has been forced to perform his/her duties / her duties / her basic area (the scope of recommendation area and recommendation range], and six months to one year and six months of imprisonment.

(c) Scope of recommendations according to the standards for handling multiple crimes: The maximum of crimes of six months to two years.

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