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(영문) 수원지방법원 2019.10.17 2019고단3837

상해등

Text

A defendant shall be punished by imprisonment for not more than ten 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 July 9, 2019, the Defendant: (a) arrested a flagrant offender of the police box of Suwon Police Station C, etc., who was under the influence of B and drinking, and boarded the police box to the back seat of the patrol box; and (b) took the c police box in the process of carrying the police box to the back seat of the patrol box; (c) under the influence of alcohol, D, who was seated on the front side of the Defendant without any other reason while under the influence of alcohol, she saw D, who was in the front seat of the police box of Suwon Police Station C, to have the front cover of D two times by drinking the left side of D.

As a result, the defendant interfered with the legitimate execution of the duties of police officers on the handling of the 112 reported case, and at the same time, D had a face-to-face 21-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against D and B;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order for the reasons of sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing as shown in the records, such as Defendant’s age, occupation, character and conduct, family relationship and circumstances after the commission of the crime, shall be determined by comprehensively taking into account the following circumstances

Unfavorable circumstances - The crime of this case is committed against a police officer dispatched after receiving a report of an assault under the influence of alcohol, resulting in an injury and interference with the performance of official duties, and the nature of the crime is not good.

- The face of the police officer who flaged with the inside of the inside of the inside of the inside of the outside of the inside of the outside of the outside of the outside of the outside of the outside of the outside of the outside of

The favorable circumstances - the defendant has mistakenly recognized and reflected.