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(영문) 서울북부지방법원 2019.10.24 2019고단1871
상해등
Text

A defendant shall be punished by imprisonment for six 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 had weak ability to discern things or make decisions due to the illness.

1. Around 15:05 on March 27, 2019, the Defendant interfered with business, at the 8 counter of the Seoul Special Metropolitan City, Nowon-gu B 2nd floor Cbank transit point 8, a password error was sent to the victim D (the age of 46) who is an employee of the said bank, and the continued error was boomed with the victim “whether the password is dwarf or not, schife, dead,” and went off the counter in hand and with his hand.

Accordingly, the defendant interfered with the victim's banking business operations for about 15 minutes by force.

2. At around 15:20 on March 27, 2019, the obstruction of performance of official duties and the Defendant injured the Defendant: (a) at the bank under the preceding paragraph, the victim F (the age 56) who was an official belonging to the Seoul Nowon Police Station E District Unit, who was dispatched by the Defendant after receiving a report of 112 that the Defendant would avoid disturbance, was forced to refrain from the Defendant’s behavior; (b) the above F’s boom was blick, and during the process of arresting a flagrant offender under the suspicion of interference with duties and obstruction of performance of official duties, the Defendant inflicted an injury on the victim by walking the said F’s f’s mouth with his left mouth, which requires approximately four weeks of treatment.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing and arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements prepared in D;

1. Images of the upper part of the damaged police officer, and of the CCTV caps;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes concerning investigation reports (related to suspect investigation);

1. Articles 314 (1), 136 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

1. Selection of each sentence of imprisonment;

1. Articles 10(2) and 55 of the Criminal Act for mitigation of mental disorders.

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