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(영문) 인천지방법원 2015.07.15 2015고단2927

상해등

Text

A defendant shall be punished by imprisonment for not less than nine 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 February 16, 2015, at around 17:10, the Defendant removed the Defendant, who is a police officer belonging to the South East East Police Station C district unit of the Southern Police Station, called the victim D(27 years of age) who was dispatched to the site after receiving a report that the Defendant was frighting a fright in front of the Namdong-gu Incheon Metropolitan City, and was trying to assault frighting persons under the influence of alcohol, etc., and was dispatched to the site on February 16, 2015.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 report processing duties, and at the same time, the Defendant damaged the following arms that require approximately 14 days medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

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. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The crimes applying the sentencing criteria are commercial concurrent crimes, and the sentencing criteria shall be applied to the crimes of injury with heavy sentencing, and the obstruction of performance of official duties shall be considered as persons under special circumstances.

Type of crime: 4 months to 1 year and 6 months of imprisonment with prison labor for the basic area under category 1 (general injury): general injury;

2. The instant crime of this case, which was sentenced to the sentence, committed by the Defendant upon receiving the report and obstructing the performance of official duties. In particular, the Defendant committed a second offense even though he had been sentenced to the punishment for 8 months of imprisonment and 2 years of suspended execution due to obstruction of performance of official duties, injury, etc.

Therefore, the defendant is sentenced to imprisonment.

However, the attitude of crime is not relatively more severe, and the degree of injury of the victim is easy, and the defendant recognizes the crime and the defendant knows the victim.