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(영문) 의정부지방법원 2020.06.11 2019고단3983
상해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant is deaf-mutes.

피고인은 2019. 6. 9. 18:07경 동두천시 B에 있는 ‘C’ 음식점 앞길에서, 피고인의 배우자인 D를 그곳에 주차된 자동차 보닛 위에 엎어뜨리고 D의 몸을 누르고 있다가 ‘남자가 여자를 폭행한다’라는 취지의 112신고를 받고 출동한 경기동두천경찰서 E지구대 소속 순경 F(29세)로부터 분리조치를 받은 다음 재차 D에게 다가가다가 위 경찰관으로부터 제지당하자 위 경찰관에게 양팔을 수회 휘두르고, 위 경찰관으로부터 제압당하여 바닥에 눕혀진 상태에서 위 경찰관의 오른쪽 가슴 젖꼭지 부위를 입으로 깨물었다.

As a result, the defendant interfered with the legitimate execution of duties by police officers on the handling of the case, and at the same time, the above police officers cannot know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigative reports (or verbal statements made by reporters G) and observation of internal history reports-ctv;

1. Application of the Acts and subordinate statutes of the 112 Reporting Report List to photographs taken by the victim of an injury in the F;

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 (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the crime of this case was committed by the police officer who was sent to the police after receiving a report from the defendant who was on a married fighting, and if the police officer wears both arms, the crime was committed against the police officer. Furthermore, not only is the process of the crime, method and attitude of the police officer, but also the degree of injury inflicted upon the police officer due to the defendant's crime is not easy.

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