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(영문) 부산지방법원 2018.08.30 2018고단2958

상해등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 16, 2018, around 22:50 on June 16, 2018, the Defendant was the victim E (V, 54 years old) in front of D, located in Busan Jin-gu, Busan, and the victim E (V) in the Hague.

For this reason, when the victim's face, chin, head, etc. is taken several times, the victim suffered bodily injury, such as the face, chin, head, etc. for about 14 days.

2. 공무집행 방해 피고인은 위 1. 항 기재 일시, 장소에서, 112 신고를 받고 출동한 부산진 경찰서 F 지구대 소속 경찰관 G, H으로부터 신고 경위 및 인적 사항에 대한 질문을 받자, 갑자기 머리로 G의 머리를 들이받고, 손으로 G의 배 부위를 밀쳐 현행범인 체포되었고, 이후 경찰차 뒷좌석에 타고 F 지구대로 이동하던 중 발로 G의 왼쪽 턱을 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol with respect to E and G;

1. Each injury diagnosis certificate and opinion;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes to a criminal investigation report (12 reporter and witness), notification of 112 Incident report, investigation report (related to images that obstruct the performance of official duties), investigation report (related to voice files at the time of the instant case);

1. Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment) concerning the facts constituting an offense;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201

1. Type 1 (Assaults) in the area of mitigation (two months to ten months) in the area of mitigation (including special mitigation persons), in the area of punishment not for damage (including serious efforts to recover damage), or in the case of recovery from considerable damage, which is subject to the sentencing guidelines, Category 2 (Obstruction of Execution of Official Duties) in the application of the sentencing guidelines (Extent of recommended punishment) [the scope of punishment] category 1 (Obstruction of Execution of Official Duties) in the area of suspension of execution of official duties.