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(영문) 대구지방법원 서부지원 2019.05.29 2019고단49
상해등
Text

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

On December 8, 2018, from around 21:35 to 21:50 the same day, the Defendant was not under the influence of alcohol in front of the Daegu-gu B Apartmentdong, Daegu-gu B apartment, and the Defendant was able to obtain confirmation of the details of the report from E by the security guards belonging to the police box of the Daegu-gu Police Station, which was called after receiving a report by the Defendant, and received the report by the Defendant, when he was frighted with the said E in his hand, and was frighted with the head window of the patrol police station and the said wing part of the said E.

As a result, the Defendant interfered with the legitimate execution of duties concerning the crime prevention and suppression of the above E, who weared a police uniform, and at the same time, inflicted injury on the above E, which requires approximately two weeks of medical treatment, and harming the use of the patrol car, which is a public object, equivalent to KRW 45,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Working log and the list of reported cases;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act and Article 141 (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 a sentence of imprisonment with prison labor;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The punishment as ordered by the court shall be determined by comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the pleadings of the instant case, including the following, such as the age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstance after the crime, etc., by exercising violence against the police in the course of performing official duties, and destroying the accessories attached to patrols, which are of significant nature to the crime: the victim wants to punish the defendant; the victim is making a confession and reflect; the repair expenses are reimbursed; the defendant has been spent only once a crime is punished;

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