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(영문) 서울서부지방법원 2016.11.24 2016고단2682
상해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On August 21, 2016, at around 01:15, the Defendant was urged to return home from C (the age of 35) at the seat of the Seoul Mapo Police Station (the age of 115) who was dispatched to the site after receiving a report from 112 stating that “the Defendant was locked on the street while under the influence of alcohol in front of Mapo-gu Seoul apartment.”

Accordingly, the Defendant committed assaulting the face of the above police officer once he saw that the above police officer shouldered his diving.

As a result, the defendant's 112-reported police officers interfere with legitimate execution of duties concerning the handling of the reported case and the protection of the hosts, and at the same time, the above victim police officers suffered an injury in the number of days of treatment required for hole in the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on standing photographs;

1. Relevant Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing of Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution are as follows: Article 62(1) of the Act on the Suspension of Execution: Article 62(1) of the Act on the Suspension of Execution [Scope of Punishment of Performance of Official Duties] Article 62(1) of the Act on the Suspension of Execution that there is no basic area (6 to 1 year and 4 months), the basic area (6 to 1 year) of the Act on the Suspension of Execution [the scope of the Punishment of Violence] [the scope of recommendations] Article 2 (f) of the Act on the Suspension of Performance of Official Duties [the scope of the Punishment of Bodily Harm] and the mitigated area (2) of the Punishment of Bodily Harm (2nd-1 year to 1 year] (1 year to 4 years to 1 year to 1 year to 6 months

However, the defendant's mistake is divided, the power that has not been punished for obstruction of performance of official duties is considered as favorable circumstances, and other sentencing factors such as the age, character and behavior, environment, etc. of the defendant are considered.

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