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(영문) 부산지방법원 2015.03.18 2014고단8982
상해등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인은 2014. 8. 27. 23:20분경 부산 북구 C에 있는 D 앞 도로에서, 112신고를 받고 출동한 부산북부경찰서 E지구대 소속 경찰관 피해자 F(33세)가 사건 경위를 확인하고 관련자 인적사항을 근무수첩에 적으려하자 피해자에게 “씨발 새끼들 뭐하는 짓이냐”, “개씨발새끼야 디진다”라고 욕설을 하며, 오른쪽 무릎으로 피해자의 낭심부위를 1회 찼다.

Accordingly, in order to prevent the additional attack of the defendant, the defendant was notified that the victim would be able to interfere with the performance of official duties, and the defendant was able to set the two arms of the defendant as soon as possible, and the thring of the left part of the part of the victim's bridge was placed on the part of the victim's water and the number of days of treatment cannot be known to the victim on several occasions.

As a result, the defendant interfered with legitimate execution of duties on dispatch of 112 report police officers and criminal investigation, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to each investigation report (to attach a letter of opinion and submit a H statement to a police officer);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Although the nature of a crime is not good in light of the fact that the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act interfered with the performance of duties by police officers and inflicted injury upon them, the punishment is determined as ordered by taking account of the following factors: the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, sentencing guidelines (the lowest limit of sentencing recommended: 6 months) and other factors of sentencing, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, sentencing guidelines after the crime, etc.

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