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(영문) 부산지방법원 2014.02.05 2013고단6331
상해등
Text

A defendant shall be punished by imprisonment for six months.

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 September 8, 2013: (a) around 23:10 on September 23, 2013, the injured Defendant: (b) on the ground that the victim E (the 54-year-old) was in a D main shop located in Busan Dong-gu, Busan, and first singing out, the victim’s cocons with the victim’s coconsor and the entrance arms, which require treatment for about 21 days; and (c) on the other hand, the injured Defendant continued to stop the victim’s coconsor and face part of the victim F (the 48-year-old-old-age-age-age-age-age-age-age-age-age-age-age-age-age-age-of-age-age-of

2. On September 8, 2013, the Defendant: (a) received a report at the place specified in paragraph (1) on September 23, 2013; and (b) took one time the head part of the G District belonging to the Busan East Police Station G District on the ground that the head part of the above H was prevented; and (c) went beyond the above H to arrest the Defendant as a flagrant offender committing a crime of obstruction of performance of official duties.

Even after the Defendant was arrested from the above H, the Defendant continued to assault the above H’s side gate, such as walking one time, thereby obstructing the police officer’s legitimate execution of duties concerning the prevention and investigation of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, and H;

1. A medical certificate of injury in the preparation of a medical doctor I;

1. Application of Acts and subordinate statutes to investigation reports (field situations, etc.);

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

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 (no criminal record exceeding a fine, and agreement with victims) shall be applied to suspended execution;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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