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(영문) 수원지방법원 2017.04.19 2017고단103

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2016, the Defendant: (a) arrested the victim E (25) who was a police officer belonging to the police station of Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, B, a police officer affiliated with the police station of Suwon-gu, and a police officer belonging to the same district group, as a fine, in the number of fines; (b) escorted the victim E (25) to the police officer belonging to the same district group; and (c) escorted the victim to the first floor of the police station of the Nam-gu, Suwon-gu, Suwon-gu, Suwon-si,

The defendant was requested from the victim before the entrance of the police station in the above Suwon, and the victim was forced to leave the vehicle in the course of escort, such as refusing to leave the vehicle in front of the above Suwon Police Station, and wanting to be faced with the head on the floor, and the victim was injured by the victim's bridge by the defect in hand, and the victim was injured by approximately two weeks of the opening of the bridge on the right side of the bridge.

As a result, the defendant interfered with legitimate execution of duties concerning the arrest of the police officer, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a report on the arrest of fine recipients, photographs of damage and field photographs, and medical certificate;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are the same as the sentencing criteria, and the offense of insult is not set.

Considering the fact that the crime of this case was committed by a police officer with legitimate execution of duty, it is not good that the crime of this case was committed by violence, the damage of the victim was not recovered, and there was no agreement with the victim, there was a record of punishment for the same crime, and the fact that the confession of the crime of this case was against the law.