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(영문) 인천지방법원 2019.10.07 2019고단4525

상해등

Text

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

On June 15, 2019, at around 19:00, the Defendant is mixed with “1366 female emergency call call and third week,” and is in a dangerous situation;

Before the example, suicide attempted also.

“A police officer(n, 46 years old) of the Incheon Yeonsu Police Station D District, which received a report of 112, called the contents and called ‘E(n, 46 years old) called the body of the defendant as the hand-to-saw, and the victim F(34 years old), who was the police officer called ‘the police officer called ‘the body of the victim of the defect', called ‘the body of the defendant, was removed to the right trade of the victim of the defect in order to return the defendant to the hospital.

As a result, the defendant interfered with the legitimate execution of duties of police officers, and at the same time, he suffered approximately 10 days of medical treatment from the right side of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F and E by the police;

1. Damage parts and site photographs of the victims;

1. Application of the legislation in its opinion;

1. Article 136 (1) of the Criminal Act and Article 257 (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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months;

2. The Defendant has used violence against police officers dispatched to prevent and assist him/her in committing suicide. In particular, the elements of sentencing unfavorable to him/her, such as the removal of one police officer's arms, injury, and failure to recover damage, and the fact that the Defendant is against his/her mistake, and criminal punishment for the same crime.