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(영문) 전주지방법원 2016.09.23 2016고단1110
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 4, 2016, at around 21:50, the Defendant expressed the Defendant’s house C, and the Defendant’s house located in the 102 Dong Dong Dong 1607, to the Defendant’s wife, who was reported as domestic violence to the Defendant’s wife and called “n't have been able to go to the Defendant,” and the Defendant expressed to the Defendant, etc. before called “n't go to go to the police box,” who was pushed down the above E’s part by pushing ahead with the Defendant, and buckbbbbbb off the floor, and obstructed the police officer’s legitimate performance of duties concerning the protection, prevention, suppression, and investigation of the crime, and at the same time, the victim E (the remaining and 47 years old) requires warning for two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each internal investigation report and investigation report;

1. A medical certificate;

1. Application of each statute on photographs;

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. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. The sentencing criteria cannot be applied as they are, since the crime of injury and interference with the execution of official duties of the reference sentencing criteria are in a mutually competitive relationship, and the sentencing criteria do not present a separate handling method for the mutually concurrent crimes.

However, since the sentencing guidelines for the crime of injury reflects the interference with the execution of official duties as sentencing factors, the scope of the sentencing guidelines for the crime of injury is examined as reference materials for proper sentencing.

[Scope of Recommendation] In the case of interference with the execution of official duties in the aggravated area (6 months to 2 years of imprisonment) of Category 1 (General Bodily Injury) (Special Aggravation)

2. Crimes that interfere with the execution of official duties due to unfavorable circumstances to the decision of sentence need to be strictly punished for crimes that undermine the functions of the State by nullifying the legitimate exercise of public authority.

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