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(영문) 서울동부지방법원 2016.01.20 2015고단3683

상해등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

around 23:40 on November 19, 2015, the Defendant was under the influence of alcohol in front of Songpa-gu Seoul, Songpa-gu, Seoul, and the Defendant was required to accompany the Defendant to the C district to take protective measures from the Victim E (V, 26 years old) who is a police officer belonging to the Song-gu Police Station C (28 years old), a police officer assigned to the site after receiving a report of 112, who is a captain of the Song-gu Police Station C District, who was dispatched to the site.

The Defendant consented to that, after boarding the police vehicle with D and the victim, took a bath within the police vehicle without any justifiable reason, d's head scam in hand, and faced a disturbance while arriving in the Songdong Police Station C District of Songpa-gu Seoul, Songpa-gu, Songpa-gu, Seoul, and faced the victim's buckbucks part on the part of the Defendant's bridge.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases and protective measures, and at the same time, the Defendant inflicted on the victim about about 10 days, such as the right side left the right side requiring treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes, such as photographs of injuries and diagnostic notes;

1. Article 136 (1) (Obstruction of Performance of Official Duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Do1198, Apr.