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(영문) 울산지방법원 2017.11.28 2017고단3733

상해등

Text

A defendant shall be punished by imprisonment for a period of five 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

Criminal facts

On October 13, 2017, the Defendant was urged to return home from the victim E, who is a police officer belonging to the police unit belonging to the Ulsann Police Station D police unit located in the Ulsann District, which was called the scene after receiving a report from 112 on October 13, 2017, the Defendant sent the victim the chest part of the victim by hand on a multiple occasions and sent the victim’s face one time by drinking.

As a result, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of the 112 reported case, and at the same time, the victim was faced with a face-to-face in need of treatment for about a week.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs by standing photographs, requests for cooperation in investigation, and by capturing CCTVs;

1. The point of obstructing the performance of official duties in the relevant legal provisions concerning criminal facts: Article 136 (1) of the Criminal Act; Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious bodily injury);

1. Selection of imprisonment with prison labor chosen;

1. Even if the Defendant’s assertion that he/she is unable to memory under Article 62(1) of the Act on the Suspension of Execution is deemed to have mental and physical disorder, in light of the background leading to the instant crime, the means and method of the instant crime, the progress after the instant crime, etc., the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.

Therefore, the above argument cannot be accepted.

The reason for sentencing [tangibles] The general injury in the course of violence - In the case of interference with the execution of official duties in the area of aggravated factors / [Determination in the recommended area] The area of aggravated factors / 6 months to 2 years [the scope of recommended punishment] - The main reason for suspension of execution - In the case of interference with the execution of official duties, there are no criminal records of positive suspension of execution.