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(영문) 인천지방법원 2015.02.02 2015고단163

상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. 공무집행방해 및 상해 피고인은 2015. 1. 9. 00:55경 인천 남구 경원대로 804에 있는 인천고등학교 체육관 옆 화단에서 술에 취해 자고 있던 중, ‘주취자가 쓰러져 있다’는 112 신고를 받고 출동한 인천남부경찰서 C지구대 소속 피해자 D(47세)로부터 귀가하라는 말을 듣자, 피해자에게 “야 이 개새끼들아 꺼져라, 잠자는데 왜 깨우냐, 경찰 새끼들이 뭔데 참견이냐”고 말하면서 머리로 피해자의 얼굴을 들이받고 계속해서 발로 피해자의 좌측 정강이 부위를 2회 찼다.

As a result, the defendant interfered with the legitimate execution of duties by police officers, and at the same time, the victim was inside and outside of the inner area that requires medical treatment for about three weeks.

2. On January 9, 2015, the Defendant damaged public documents and was arrested as a flagrant offender for the commission of the crime described in the foregoing paragraph (1) and detained in the Incheon Southern Police Station cell, and the police officer in charge confirmed whether the Defendant was in possession of the goods prohibited from carrying in by the Defendant, thereby damaging documents used by public offices by gathering “the physical confirmation certificate of the arrested or detained criminal suspect” on his/her book, stating that “I are private persons, but should not see it,” which was on his/her face, and thus, saw that it would have teared to a large sense.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Original of written confirmation of the arrested or detained suspect;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Scope of recommendations;

(a) Class 1 crime: Basic area (from June to June) of Category 1 (Invalidity of Public Goods) for the invalidation and destruction of public goods.