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(영문) 수원지방법원 2016.09.28 2016고단4897

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

Reasons

Punishment of the crime

1. On July 18, 2016, from around 07:00 to around 08:20 the same day, the Defendant obstructed the victim’s call taxi counseling service by force for about 80 minutes, such as drinking alcohol on the ground that he was unable to get a taxi on the ground that he was unable to get a taxi on the ground that he was unable to get a taxi on the ground that he was unable to get a taxi at the construction site because he was not aboard a taxi.

2. The Defendant, at around 08:20 on the same day, was the victim F (27 years old), who was a police box of the police station of the 112 police station, called the Defendant at around D in front of 08:20 on the same day, and was dispatched after receiving 112 a report, sent the victim’s shoulder part on one occasion when arresting the Defendant as a flagrant offender at the suspicion of interference with his/her duties, and taking the victim’s desire to take aboard the patrol vehicle after arresting the Defendant.

As a result, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression and investigation of crimes, and at the same time, the victim faced the right shoulder that requires two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to C and F;

1. On-site photographs, photographs of victims, and opinions;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims about the degree of injury, etc.);

1. Article 257(1), Article 136(1) and Article 314(1) of the Criminal Act applicable to the facts constituting an offense, and the choice of imprisonment with prison labor, respectively;

1. Articles 40 and 50 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

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

1. Crimes No. 1 (Assault) [the scope of recommending punishment] of the grounds for sentencing in Article 62-2 of the Criminal Act for Article 62-2 of the Criminal Act: (a) in the case of interference with the performance of official duties in the aggravated area (6 months to 2 years) (special aggravation) of Category 1 (General Injury) [the scope of recommending punishment] of Article 62-2 of the Criminal Act.