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(영문) 의정부지방법원 고양지원 2018.12.20 2018고단2524
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On September 16, 2018, the Defendant, at around 21:30 on September 21, 2018, assaulted the victim’s left face by “C club” located in B, and the Defendant, upon receiving a report of 112 to the effect of assaulting the business owner by the customer (Defendant), sent to the police box belonging to the Gyeonggi-gu Police Station D police Station that called “the police bomer shall bomb, this bome,” and boomed by “the police bomb, this bome,” and assaulted the victim by drinking, such as at least once the victim’s left face.

As a result, the defendant interfered with the legitimate execution of duties of police officers with respect to the processing of reports and criminal investigations, and at the same time, the victim passed away the left-hand side of the need for approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of E (Interference with the performance of public duties);

1. Photographs photographs of the victim E-ray;

1. A investigation report (STV image verification) and a photograph of CCTV images taken;

1. Application of Acts and subordinate statutes to investigation reports (Submission of a medical certificate to victims E), and diagnosis reports;

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 Competition;

1. Selection of imprisonment with prison labor (an offence against a police officer performing public duties requires strict punishment; criminal records including a criminal defendant's punishment; records of the same kind of crime; degree and degree of injury; circumstances of occurrence of a case; family relationship of the defendant);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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