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(영문) 수원지방법원 성남지원 2019.03.21 2018고단2989

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

On November 10, 2018, at around 01:50, the Defendant broken down the upper part of the above police officer’s left side part of the crime of fraud in the process of arresting a flagrant offender to the victim E (the aged 57) who is a police officer belonging to the Gyeonggi-gu Police Station D District District, which was dispatched after receiving a report from 112 that the Defendant did not count the Defendant in the “Crain Bank” located in Gyeonggi-si, Gwangju-si.

As a result, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender, and at the same time, suffered injury to the victim's character that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Notice of a department related to the 112 case report and investigation report (Attachment to medical opinion);

1. Application of the Acts and subordinate statutes concerning the obstruction of performance of official duties, shooting photographs;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62 of the Criminal Act of the community service order;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (special injury (special injury to a person): Reduction element: In cases of minor injury (1 and 4): In cases of obstruction of performance of official duties, the basic area of recommendation and recommendation range], and April through June;

3. The punishment of a crime shall not be minor in light of the details, circumstances, subject matter, degree of assault, etc. of the sentence;

Provided, That the fact that the defendant reflects the fact, and that there is no record of punishment exceeding the fine, etc. shall be considered in favor of the defendant.

In addition, all the conditions of sentencing prescribed in Article 51 of the Criminal Code shall be integrated and determined as ordered.