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(영문) 인천지방법원 부천지원 2018.08.10 2018고단1317

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

Reasons

Punishment of the crime

On May 6, 2018, the Defendant received D’s report that he was assaulted by the Defendant, the husband of the building C in Bupyeong-si B around 18:35 on May 6, 2018, and received D’s notification and sent out by the Defendant, and F of the police box E box belonging to the Taecheon-si Police Station E box, which was called out, attempted to arrest the Defendant as an offender and move the patrol lane.

“Along with sound,” and assaulted the face of the F at least once by head.

As a result, the Defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reported cases, and at the same time, the Defendant inflicted injury on F, such as the old net heat, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Side photographs of a police officer victimized by a dispatched police officer;

1. A place where he/she will serve in a police box;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment as Crimes of Bodily Inflicting)

1. Selection of imprisonment with prison labor chosen;

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

1. The punishment shall be determined by comprehensively taking account of the circumstances favorable to the defendant for sentencing under Article 62-2 of the Social Service Order Criminal Act (the fact that the defendant is recognized to commit the crime of this case, the fact that there is no record of punishment for the same kind of crime), unfavorable circumstances (the fact that the crime is not good by exercising force by a police officer performing legitimate duties despite the defendant being lawfully arrested as a flagrant offender, and the defendant was not in response to the prosecutor's investigation without justifiable grounds), other circumstances, such as the defendant's age, sexual behavior, method of crime, conditions before and after the crime, etc., and the sentencing criteria for the crime of obstructing the performance of official duties, which are the sentencing conditions specified in the records and arguments of this