beta
(영문) 의정부지방법원 2015.05.15 2014고단4079

폭행등

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 became final and conclusive.

(e).

Reasons

Punishment of the crime

1. On July 3, 2014, at around 20:45, the Defendant injured the victim C, at the E box box located in Gyeonggi-gun D, the Defendant held a shoulder open to the victim, who had the shoulder of the victim C for approximately one week medical treatment.

Accordingly, the defendant injured the victim.

2. obstruction of performance of official duties, injury to the victim F is at the same time and time as set forth in paragraph (1), and as set out in paragraph (1), police officers, who have failed to wear the C’s shoulder so that they can wear the C’s shoulder, walked several times, and the victim was seated with the Defendant’s chair, and the victim took the right shoulder of the victim’s right shoulder rapidly for a period of about one week, thereby making up for the victim an open shoulder that requires approximately one-time medical treatment.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Each medical opinion;

1. Application of the Acts and subordinate statutes to photographs of CCTV data in a police box;

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

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The defendant assaulted a police officer in the course of performing his duties to interfere with a police officer's legitimate performance of official duties, and inflicted an injury on the victim C; circumstances favorable to the defendant's criminal records of the same kind of crime: The defendant all led to the crime in this case; the victim C does not want the defendant's punishment; the victims suffered a relatively minor injury; the victim's age, character and conduct, intelligence and environment; relationship with the victim; motive, means and consequence of the crime; and other circumstances after the crime.