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(영문) 서울남부지방법원 2015.04.08 2014고단5210
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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 November 21, 2014, at least 22:30 minutes, the Defendant was arrested in the act of assault by the Defendant’s wife E, etc., and the Defendant was reported to the Defendant at the time of the Defendant’s wife and the Defendant’s wife, who was sent to the Seoul Yangcheon Police Station, at the Dnonoe room located in Yangcheon-gu Seoul Metropolitan Government.

The Defendant attempted to flee in order to escape from arrest, and applied flaps and fingers of slope G, which is the victim of the crime, to escape, caused to tear the police uniform, and cut KON. At the same time, the Defendant interfered with the duty to dispatch the crime report of the above police officer and legitimate execution of duties concerning the arrest of the flagrant offender, by plucking or plucking the left hand hand of H, which is the victim of the crime, in need of approximately three weeks of medical treatment for the victim H.

Accordingly, the defendant injured the victim H, and at the same time interfered with police officers' performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. A medical certificate of injury, and each photograph;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant was punished for the same kind of crime, but has reached two times again to commit the instant crime.

However, the Defendant committed the instant crime contingently, and committed a misunderstanding, and agreed with the victim of the instant injury.

The sentence shall be determined as ordered in consideration of the above circumstances.

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