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(영문) 인천지방법원 2018.03.22 2018고단999
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 7, 2018, at around 03:30 on January 7, 2018, the Defendant received a request to change the drinking value from the victim D (27 tax) who is an employee working there, under the influence of alcohol in “C Singinging” located in Nam-gu Incheon Metropolitan City B.

As a result, the Defendant pushed the victim's breath with the left hand, pushed the victim's face with the hand floor, taken the victim's face several times, taken the victim's face with drinking, and kneeeked the victim's head at one time, resulting in the victim's multiple marization that requires treatment for about 15 days.

2. On January 7, 2018, the Defendant obstructed the performance of official duties, at around 04:25, arrested the police officer who called out after receiving a report for the same reason as described in paragraph 1 at the F Police Station located in Nam-gu Incheon Metropolitan City E, and was transferred to the police officer for the above strike.

The Defendant, without any justifiable reason, refers to “to go to the Southern Police Station,” and sent out of the police box, and as such, the slope G belonging to the Incheon Southern Police Station F of the Incheon Southern Police Station prevented the Defendant, the Defendant sent the face of the said slope G one time by drinking it.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in flagrant crimes, crime prevention, and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing body photographs of the victim's injury and CCTV images;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months) (a person with special sentencing).

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