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(영문) 대구지방법원 서부지원 2017.12.14 2017고단1654

상해등

Text

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

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

Reasons

Punishment of the crime

On July 8, 2017, at around 23:40, the Defendant 112 (e.g., e., e., g., the 33-lane 112 (e.g., e., e., g., the Defendant), who was parked in the front gate of the vehicle parked in front of 112 (e.g., e., g., g., the front stude of the vehicle). The Defendant, upon receiving the report, was a police officer affiliated with the police box of the police station B, which was called upon, and was urged by the victim C (33 years) to return home, and he is not well able to do so to the said police officer. The Defendant expressed that “I will do so unless the police officer’s assistance is necessary.”

In order to return the cell phone of the defendant who had met with "" means that the defendant sits on the side of the defendant, "I see this ring, Chewing rings, and the death ... . . . ... ... .. ... ..... Sheet the left side of the police officer at one time."

As a result, Defendant assaulted police officers to interfere with legitimate performance of duties by police officers regarding the prevention of crimes and the maintenance of order, etc., and at the same time, the said police officers suffered from the said victims about three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (inflicting medical certificates, etc.);

1. Article 257 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Class 2 Crimes (Assaults) [Scope of Recommendation] General Injury (General Bodily Injury) in the basic area (4 months to 1 year and 6 months) [Special Mitigation (Aggravated Punishment)] or considerable part of punishment non-wons (including serious efforts to recover damage) or considerable part.