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(영문) 춘천지방법원 2019.05.28 2019고단225

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 27, 2018, the obstruction of performance of official duties, the Defendant: (a) at C offices located in Hacheon-gun B on December 10, 2018; and (b) at C offices located in Hacheon-gun B, the victim D (the victim 29 years old) who is a public official (the victim) was in the documents submitted by the Defendant; (c) the victim was caused by the use of the vehicle and the victim’s automatic entrance door of the office two times, thereby obstructing the victim’s legitimate execution of duties concerning road management, etc.; and (d) at the same time, the victim was placed on the right side and the left side of the office, which requires approximately two weeks of treatment.

2. The Defendant damaged public goods, at the time and place as described in Paragraph 1, destroyed a 150,00 won of the market price used by public offices, by causing the chairs of the said D to fall down, as described in Paragraph 1, thereby undermining its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site photographs and document photographs;

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

1. Article 257 (1), Article 136 (1) and Article 141 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Selection of a sentence of alternative imprisonment (to be taken into account the fact that a person in the process of execution of public duties commits violence, and is serious in the quality of a crime causing damage to public goods, time during which the crime was committed, degree of violence, etc.);

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

1. Article 62 (1) of the Criminal Act on the suspended execution (The degree of damage is relatively minor, the defendant is against the other party, the agreement is made with the victim, the damage has been recovered, there has been no power of the same kind and no power of the punishment has been generated within the last ten years, the age, environment, circumstances after the crime, etc.);