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(영문) 대전지방법원 천안지원 2020.06.19 2020고단685
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On March 4, 2020, around 21:40 on March 4, 2020, the Defendant: (a) stated that, in order to verify the personal information of the victim E, the captain of the police station in the Seoanbukbuk-gu Police Station D (the South and the age of 28) who was under influence of alcohol and was dispatched to the scene after receiving 112 reports; (b) stated that “The victim E, who was a taxi engineer, may die with the same bluort”, the Defendant sawd the victim’s blue by hand, and blue the victim’s chest with the blue.

Accordingly, the Defendant assaulted a police officer who performs legitimate duties on the handling of 112 reported cases, and at the same time inflicted an injury on the victim such as salt, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E (including attached diagnosis certificates and photographs);

1. A written victim statement of C and a witness statement of F;

1. Application of the Acts and subordinate statutes on the place of criminal, report on the autopsy of occurrence of the case, internal investigation report, site, and damaged photograph;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The sentencing guidelines do not apply to two crimes with the reasons for sentencing under Article 62(1) of the Criminal Act, as the grounds for the suspended sentence are in a mutually competitive relationship.

The Defendant inflicted an injury upon a police officer in uniform.

This act is likely to be criticized not only in that it interferes with the police officer's duty to maintain order, but also in that it can promote a light of legal order and public authority.

Since the extent of the defendant's use of violence recognized by evidence is considerably heavy, and the victim suffered injury, it is necessary to punish the defendant strictly.

However, the defendant recognizes his mistake and is against his will.

It seems that the judgment power has been somewhat complicated while under the influence of alcohol.

For the victim, 50,000 won was deposited.

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