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(영문) 대구지방법원 의성지원 2019.03.14 2018고단263

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

On November 5, 2018, at around 12:40, the Defendant asked questions to the reason that he did not leave the room from the victim E, who is the police box belonging to the Seongbuk Police Station D commander of the Sungdong Police Station, who was called up after receiving a report that he was a person who does not leave the room under the influence of alcohol. On November 5, 2018, the Defendant asked the victim of his desire to “Chewing fewk”, and the victim expressed the victim’s desire to “her fewk,” and continued to arrest a flagrant offender at one time and continuously arrested a flagrant offender and let him go through a guest room.

As a result, the Defendant interfered with the legitimate execution of duties by police officers, and at the same time damaged the victim's brupt part of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Reports on internal investigation (Attachment of photographs of the victim's injury), opinions, and the application of statutes governing employment areas;

1. Article 257 (1) of the Criminal Act and Article 136 (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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive for committing a crime, means and result of a crime, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case

The favorable circumstances: The defendant recognizes his fault and repents, and the damage is relatively minor.

The defendant has no record of long-term criminal punishment since 2003.

The crime of this case at issue requires strict punishment as it causes an injury to a police officer without any particular reason while under the influence of alcohol, and at the same time interferes with the performance of official duties.

The defendant shall be punished by the victimized police officers.

The defendant has been subject to a fine twice as an act of violence.