beta
(영문) 대전지방법원 논산지원 2019.02.19 2018고단103

상해등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On February 4, 2014, the Defendant was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) in the area of the Daejeon District Court’s subdivision support, and completed the execution of the sentence in the official prison on April 18, 2015. On May 10, 2016, the Defendant was sentenced to ten months from imprisonment for a violation of the Road Traffic Act (a non-licensed driving) in the Daejeon District Court’s subdivision support, and completed the execution of the sentence in the official prison on January 30, 2017.

【Criminal Facts】

1. At around 01:00 on December 21, 2017, the injured Defendant, while drinking alcohol together with “C” restaurant located in Seosan-si B, with the Defendant and related persons D (inns, 40 years of age) and E, the seat of the victim, was boomed with the victim and tried to put him/her on the face of the victim that may occur on the spot while drinking alcohol with the victim, and tried to put him/her on the face of the victim that may occur on the spot. Then, the injured Defendant, by walking the part of the victim, went beyond the floor of the victim, went over the part of the victim’s face, was inflicted on the victim’s face part of the victim’s face for about 21 days.

2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서 112 신고를 받고 현장에 출동한 논산경찰서 F지구대 소속 경위인 G이 피고인에게 사건의 경위를 묻자 위 G에게 “씨발새끼, 어린새끼, 죽고 싶냐”라고 욕설을 하고 위 G의 멱살을 잡고 밀치는 등 폭행하고, 이에 위 G이 피고인을 현행범인으로 체포하자 위 G에게 “너 죽여버리겠다”라고 말하고 앉은 상태에서 발로 위 G의 허벅지 부위를 걷어찼다.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police officer's statement of H, D, E, and G;

1. A written diagnosis of injury;

1. Investigation report (Ccafeteria image data);

1. Previouss before judgment: Criminal history records;