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(영문) 부산지방법원 2014.11.28 2014고단8258
상해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 20:00 on October 5, 2014, the Defendant: (a) reported 112 to the “Cju’s store located in Geum-gu, Busan, and reported 112 to the effect that “any male goes off and goes off panty”, and (b) the E circumstances belonging to the D District of the Busan Geum-gu Police Station D District called the Defendant “Fasi and B B,” spiting the Defendant into the face of the above E; (c) displayed the drinking of the said E, going around the face of the said E; and (d) opened the victim E (the age of 48) with approximately two weeks of need for a medical treatment.

As a result, the defendant inflicted an injury on the victim E at the same time interfering with the legitimate execution of duties concerning the protection of the lives and bodies of the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

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

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not good in light of its circumstances, and in particular, the crime of obstruction of performance of official duties is likely to be punished with severe punishment due to the act of light of public authority and disturbing legal order.

However, the defendant has no record of being punished as a crime of obstruction of performance of official duties, the degree of damage suffered by police officers is not much serious, the defendant's excessive and agreed that it is favorable for the defendant to the damaged police officers, and the punishment is determined as ordered by taking into account the defendant's age, character and conduct, environment, etc., and other sentencing conditions as shown in the records.

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