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(영문) 서울남부지방법원 2015.12.16 2015고단4399
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 23:00 on August 31, 2015, the Defendant discovered the Defendant who was locked in India by two persons, such as the head of the Seoul Coast Guard D District Police Station D District E, which called out after receiving a report of 112 that “any male is locked on the roadside of the roadside,” and used the above E’s left face at one time in drinking and assaulted the right side with his hand.

As a result, the Defendant interfered with the legitimate execution of official duties of police officers on the 112 Report Report case, and at the same time, the Defendant inflicted injury on the left-hand boom in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Statement of opinion;

1. Photographs (related to the wife);

1. Investigation Report - Application of the Acts and subordinate statutes governing the statement of witness telephone communications;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Sentencing criteria;

A. First Crimes (Scope of Recommendation) (Obstruction of Performance of Official Duties) (Scope of the Obstruction of Performance of Official Duties) and the basic area (6 months to 1 year and 4 months) (special person) of the 1st Crimes (Obstruction of Performance of Official Duties) (Scope of Recommendation)

(b) Cases of obstruction of performance of official duties where the reduction area (two to one year), the mitigation area (special mitigation), the minor injury (one to four types), the non-performance of punishment (including serious efforts for recovery of damage), or considerable partial damage has been recovered from the second-class crime (Scope of Recommendation), the general injury (a general injury), the reduction area (two to one year), the reduction area (a special mitigation), the reduction area (a special mitigation), the non-performance of punishment

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months from one year to ten months;

2. In a case where a defendant who made a decision on a sentence uses violence against a police officer to impede the exercise of legitimate public authority and to inflict an injury on the police officer, it is not very good to commit such crime and requires strict punishment in order to establish the public authority.

In particular,

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