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(영문) 창원지방법원 통영지원 2013.04.16 2013고단135

상해등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 1, 2013, at around 00:10 on March 1, 2013, the Defendant drank two persons, such as D, and d, in Sinnam-si, Sinnam-si. However, since D did not pay the drinking value, three police officers, such as E Zone E zone of the Gyeongnam-gu Police Station, sent to confirm the personal information of the Defendant.

피고인은 경찰관 F에게 "이 짜바리 새끼들아, 꺼져라."라고 욕을 하며 양손으로 그의 멱살을 잡아 당겨 바닥에 넘어뜨린 후 발로 F의 하복부를 1회 걷어찼다.

피고인은 계속하여 이를 제지하는 순경 G의 멱살을 양손으로 잡아 넘어뜨린 후 왼쪽 어깨에 부착되어 있던 계급장을 잡아당겨 뜯고, 피해자 경사 H(42세)의 오른쪽 정강이를 발로 1회 걷어 찼다.

As a result, the defendant interfered with the legitimate execution of duties by police officers concerning the suppression of crimes and the maintenance of order, and at the same time, the defendant left the right side Ha who is in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H, G, and F;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of a medical certificate with victim H);

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. The sentencing guidelines do not directly apply to the crime of this case in which the crime of this case, which is the reason for the sentencing of the alternative sentence of imprisonment, is in an ordinary competition relationship. [However, with respect to the crime of obstruction of performance of official duties, the sentencing guidelines are acknowledged as a special weight factor, and the aggravated area (one year or four years of imprisonment) recognizes the "where there are many damaged public officials," and with respect to the crime of obstruction of performance of official duties, the "minor injury" as a special mitigation factor, and are recommended as a basic area (one month or one year and six months of imprisonment), respectively. Since the crime of obstruction of performance of official duties is intended for the public authority, it is necessary to be strict since it is intended for the public authority