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(영문) 제주지방법원 2019.07.12 2019고단295

공무집행방해등

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

On January 11, 2019, at around 00:10, the Defendant was arrested in the act of assaulting B, who is a taxi engineer, and transferred it to the office on duty of the Criminal2 Team of the Jeju East Police Station, but it was difficult to conduct an investigation due to the condition of delivery, and became a metropolitan detention room of the Jeju East Police Station.

피고인은 2019. 1. 11. 01:30경 위 광역유치장 내 신체검사실에서 제주동부경찰서 C 소속 순경 D로부터 유치인 자살방지를 위해 허리띠를 풀어달라는 요구를 받자 “내가 뭘 잘못했냐. 나 안 풀어!”라고 반항하며 피고인의 허리띠를 풀려고 하는 D의 왼쪽 어깨 부위를 입으로 물어뜯었다.

As a result, the defendant interfered with the legitimate execution of duties of the police officer's detention room, and at the same time, the defendant injured the victim D (the age of 28) about 2 weeks of medical treatment, such as scarkes, and other scarcitys damage.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Each entry in the D and E statements;

1. Entry into a report of investigation prepared by the prosecution (the confirmation of the National Police Agency's instructions relating to the custody);

1. Statement of a letter of general diagnosis on D in preparation of doctor F;

1. Application of each of the related visual Acts and subordinate statutes;

1. The point of obstruction of performance of official duties as stated in the relevant legal provisions on criminal facts: The point of injury as stipulated in Article 136 (1) of the Criminal Act: Article 257 (1) of the Criminal Act;

1. Between the crimes of making a judgment of conceptual concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on the crimes of bodily injury heavier than that of a judgment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [the scope of punishment under law] shall be one month to seven years [the decision of a sentence] violent crime, general injury, and type 1 [the general injury].