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(영문) 인천지방법원 2018.01.18 2017고단7202

상해등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 15, 2017, the Defendant assaulted the Defendant’s wife C at the Defendant’s house located in Dong-gu Incheon Metropolitan City B and 1, and received the report from the police officers belonging to the Jung-gu Police Station D police station of Incheon Jung-gu, Incheon, and arrested him as a current offender, and assaulted the Defendant’s wife E, one of the above police officers, one of whom was the victim E, one time from walking, on the ground that he was arrested as a current offender.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the arrest of flagrant offenders, and at the same time, took one-time back back of the victim E-mail, resulting in the string of double wall that requires treatment for about seven days for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of the legislation in its opinion;

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years;

2. The sentencing criteria shall not apply to each of the crimes of this case in which the sentencing criteria is applied in relation to the ordinary concurrent crimes; and

The Defendant committed each of the crimes of this case on the ground that the Defendant was arrested as a current offender for four months of imprisonment and one year of suspended execution, by walking the police's reciting, and thus committing each of the crimes of this case. In order to establish the national legal order and eradicate the public peace, it is necessary to strictly punish the crimes of public authority, such as interference with the performance of public duties.

However, the defendant recognizes all of the crimes of this case and reflects his mistake in depth, the defendant appears to have committed each of the crimes of this case by contingency to the drinking town, the defendant is an initial offender who has no record of crime, and the age and age of the defendant.