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(영문) 창원지방법원 통영지원 2014.12.11 2014고단677

상해등

Text

A defendant shall be punished by imprisonment for six 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

1. On July 26, 2014, at around 22:30, the Defendant: (a) was under the influence of alcohol to police officers, etc. belonging to the C, etc. belonging to the C police station in the C when driving the 145 Mo Culture and Arts Center, and (b) was under the influence of alcohol; (c) was under the influence of alcohol to police officers, etc. belonging to the C, etc. of the C police station in charge of traffic control at 0.155% of the blood alcohol concentration; (d) was under the control of C; (d) the Defendant expressed the said C, etc., “A Y Y Y W Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

As a result, the Defendant interfered with the legitimate execution of duties by police officers on the control of drinking alcohol, and at the same time, the Defendant inflicted an injury on the victim, such as catitis that requires medical treatment for about two weeks.

2. On July 26, 2014, at around 22:50, the Defendant arrested a flagrant offender as referred to in paragraph (1) on the street in front of the Culture and Arts Center under Paragraph (1), and later was transferred to the traffic control department office in front of the Dongdo Police Station on around 23:10 on the same day by means of a slope E belonging to the traffic control department, and later, he was arrested as above. As such, he was arrested in front of the Dongdo Police Station’s office, he was slicking down the instant E’s breath, and was slick off by hand, and he was slick off the said E’s left shoulder by hand, and was slicked once on the hand.

Accordingly, the defendant assaulted the above E and interfered with the police officer's legitimate execution of duties concerning the suspect's custody.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Photographs of each damaged part;

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

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), each of the applicable provisions and the choice of punishment for crimes (the point of injury and the choice of imprisonment);

1. Crimes of obstruction of performance of official duties and injury of Article 1 of the Criminal Code, which is held by the ordinary concurrent crimes.