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(영문) 서울서부지방법원 2012.09.12 2012고합158

특수공무집행방해치상

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

One mountain (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On June 15, 2011, the defendant was sentenced to a suspended sentence of two years for one year and six months in the Seoul Northern District Court due to a violation of the Punishment of Violences, etc. Act (a collective weapon, bodily injury, etc.), and the same year.

6. The judgment becomes final and conclusive; on June 24, 201, the Seoul Central District Court rendered a suspended sentence of three years in the year and June of one year and six months; and on August 21, 2012, the suspended sentence becomes final and conclusive.

On April 25, 2012, at around 13:50, the Defendant submitted a written complaint of the fraud case against D to the victim slope C, an investigator belonging to the economic team of the Seoul Western Police Station, Eunpyeong-gu Seoul, Seoul, 177-15, at the economic team office of the Seoul Western Police Station, and then the victim heards the horses that “after completing the investigation of the fraud case being investigated, the Defendant is waiting in the waiting room to hear the statement for supplementation of the complaint.” The Defendant saw the victim’s head three times with the left hand, flick (Evidence No. 1) being flicked by the victim, thereby interfering with the police officer’s legitimate performance of his duties, and at the same time, injured the victim in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in C, E, F, and G Preparation;

1. Police seizure records;

1. Statement of opinion;

1. Investigation report (general) - Application of the Acts and subordinate statutes attached to suspect A Assault photographs;

1. Relevant Article 136(1) of the Criminal Act and Article 257(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. As to the assertion of the Defendant and his defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the Defendant alleged that he was in a state of mental disability of class 2 due to mental illness at the time of committing the instant crime as a person with a mental disability of class 2 due to mental illness, and thus, he is subject to sc