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(영문) 서울서부지방법원 2019.09.05 2019고단1806

상해등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

On May 26, 2019, the Defendant was at the front entrance of Yongsan-gu Seoul, Yongsan-gu, Seoul, and received 112 reports and talks with D and talks with police officers belonging to the police box called up for C, on the ground that “the Defendant spaws, such as small or large sized drums,” at the front entrance of Yongsan-gu, Seoul.

1. When the victim E (the age of 46) who was dissatisfied with the disturbance of the Defendant at ordinary times and places under the influence of alcohol at the above date and time, was considered to have been in the same manner as the police officer D, the injured Defendant, as soon as he did so, led the victim to a disturbance in the number of days of treatment by shouldering the Defendant’s abnormal arms.

2. 공무집행방해 피고인은 위 일시, 장소에서 경찰관 D(31세)가 위 상해 범행을 말리자 이에 화가 나 이빨로 피해자의 오른팔을 물려고 시도하고 발로 피해자의 가슴과 배를 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes concerning victim Ethic photo, victim DNA images;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes: Reasons for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Application of the sentencing criteria;

(a) Basic crime: Punishment of the obstruction of performance of official duties [Determination of Punishment]; Punishment of the Obstruction of Performance of Official Duties (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) ; Punishment of the Obstruction of Official Duties ; serious degree of the obstruction of official duties (the scope of recommendations and recommendations) ; Punishment of the Aggravation of the Aggravation of the Punishment of the Obstruction of Official Duties

(b) Concurrent Crimes: The basic area of the crimes of injury [determination of types] and the basic area of the crimes of injury (the general injury) (the general person in special form) (the recommended area and the scope of recommendations).