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(영문) 청주지방법원 영동지원 2016.04.21 2015고단263

상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 5, 2015, the Defendant, at around 22:30 on November 5, 2015, was arguing with D in front of C cafeteria located in B, the Defendant sent the police officer F, etc., who belongs to the Rocheon Police Station E boxes, according to the 112 report that fighting had occurred.

The Defendant, upon the F’s recommendation of the police officer F that she talked at the police box, did not have the police box as a police box, contrary to the Defendant’s daily operation G and the above D. When the police officer under the above affiliated police officer H recommended that “I soon have drank by a police box,” he she saw that “I drank by a police box as soon as I am by a police box, I am f of the police officer’s face level by drinking, and boomed the police officer F’s f by hand, and kid it over the floor.”

As a result, the Defendant interfered with the legitimate performance of duties by police officers for the handling of 112 reporting duties and criminal investigations, and at the same time, the Defendant inflicted injury on the victim F by opening head coverings and sacrificings for about three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. Application of Acts and subordinate statutes to photographs, diagnostic certificates, certificates of admission and discharge, and medical records;

1. Article 257 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria cannot be applied as they are, since the crime of referring to the reference of the sentencing criteria and the crime of obstructing the performance of official duties are in an ordinary competition relationship, and the sentencing criteria do not present a separate processing method against the ordinary concurrent crimes.

However, the sentencing guidelines should be applied to the injury crime subject to punishment as reference materials for proper sentencing, and the scope of the recommended punishment should be considered.

[Determinations of types] General injury to violent crimes.