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(영문) 수원지방법원 2018.09.20 2018고단3656

상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:35 May 17, 2018, the Defendant intended to take a bath to C, which is the wife of a de facto marriage relationship, in Asan B 203, and tried to do so. Upon receiving a request for protective measures and a report on domestic violence 112, the Defendant sent to the site from the border E (37 tax) belonging to the D police station of the Sungsung East Police Station of the Sungsung East Police Station, and the Defendant sold the E body in two hands, pushed the blue blue burine, and then sold the E’s left eyebrow.

As a result, the Defendant interfered with police officers' 112 reporting processing duties and prevention of crimes, and legitimate execution of duties on victims of domestic violence, and at the same time, the Defendant was able to take care of the victim E for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. A report on internal investigation:

1. A table on the settlement of reported cases, the details of which are confirmed with respect to separate domestic violence of the victim;

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

1. Article 316(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the defendant due to the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions favorable to the defendant among the reasons for sentencing): The nature of the crime causing bodily injury to the police officer who performs legitimate duties is inferior. There are two times criminal records of violence and fine. The circumstances favorable to the defendant: contingent crimes; the victim’s not to be punished; the victim who suffered bodily injury is not guilty; the victim’s mistake is acknowledged; the victim has no record of suspended execution; the family members to be supported, such as the child under the age of her child, etc.; the sentencing conditions prescribed in Article