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(영문) 수원지방법원 성남지원 2019.03.06 2018고단2162

특수상해

Text

A defendant shall be punished by imprisonment for six months.

except that 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

around 04:00 on August 22, 2018, the Defendant thought that “C’s victim D (56 years old) seated on the side table table in the cafeteria A” located in Sungnam-si, Manam-si, Manam-si, “(C) will have the Defendant hold the examination, and caused the victim’s head on one occasion, who is a dangerous object on the table, caused the victim’s injury to the two fluent parts requiring treatment for about 15 days.

On September 26, 2018, 2018, 2018. 04:15 on September 26, 2018, 2018, police officers such as the F Zone G(37 years old) affiliated with the Sungnam Police Station F District G(37 years old), who received the report that Sungnam-si Eat-si was "Woo-gu, Sungnam-si, Sungnam-si, Eat-si, and called "Woo-si, Haat-si." were tried to arrest the Defendant later.

After the Defendant, who is a police officer, was unable to arrest H, he saw the parts, such as G’s shoulder, etc., on several occasions, and committed assault against him at one time by committing an offense in the obstruction of performance of official duties, such as “whether he is arbitr in this son or not,” and “a son or not,” which means “a son or not, in this son’s son or not, in the course of committing an offense in the obstruction of performance of official duties.”

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of official duties concerning arrest of flagrant offenders.

Summary of Evidence

"2018 Highest 2162"

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. A written diagnosis of injury;

1. On-site CCTV CDs "2018 Highest 2936";

1. Defendant's legal statement;

1. Protocol of the police to J;

1. When the statements of K and G are made;

1. Application of each statute on photographs of damage;

1. Article 258-2 (1) of the relevant Act concerning the crime, Article 257 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Obstruction of Performance of Official Duties).