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(영문) 서울서부지방법원 2019.02.12 2018고단4241
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Criminal facts

On August 20, 2018, at the Seoul Mapo Police Station C District located in Mapo-gu Seoul Metropolitan Government on August 19, 2018, the Defendant left the Defendant in the course of dealing with the reported case 112 by the victim D (the age of 32) who is a police officer belonging to the said district, while dealing with the reported case, and caused the disturbance twice by the victim who was seated in the said district office.

As a result, the defendant assaulted the victim, who is a police officer in charge of performing his duties, and at the same time inflicted an injury on the victim, such as the left-hand sponum for treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a investigative report (CCTV image verification report);

1. Relevant legal provisions concerning criminal facts: Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act;

1. Concurrent concurrences: Articles 40 and 50 of the Criminal Act (Punishments imposed on the crimes of serious bodily injury);

1. Selection of penalty: Imprisonment;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria (determination of types) types of general injury (general injury): mitigation element (1) minor injury, (2) minor injury, increase of penalty not to be imposed - In cases of obstruction of performance of official duties, (4) mitigation area, imprisonment with prison labor for two months from February to October.

3. Determination of sentence: Imprisonment with prison labor for five months, suspension of execution of one year (unfavorable circumstances) for a police officer, and pleasure of the nature of a crime of harming a police officer by assaulting him/her to the earth (fright circumstances), his/her misunderstanding of his/her / her misunderstanding of his/her / her misunderstanding of mistake, request a letter from the victim, and the victim does not want the punishment of the defendant, the degree of damage is not severe, and there is no penalty force other than a fine once;

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