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(영문) 대전지방법원 2019.05.23 2019고단77
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 21:45 on November 30, 2018, the Defendant: (a) threatened the victim with a disturbance, such as taking a bath to drink and drinking d and drinking, which are permanently stationed at the third direction room of the funeral hall of a C Hospital located in Nam-gu, Daegu-gu, Daegu-si; (b) the victim F (34 years of age) who is a police officer of the Daegu Southern Police Station E-gu, Seoul, who was called upon receiving a report, would stop the disturbance and return home to the Defendant; and (c) the victim’s f (34 years of age) who was a police officer of the E-district of the Daegu Southern Police Station E-gu, Seoul, upon receiving a report, tried to remove the part of the victim’s fat with the victim’s fat, kill his bat with his fat, and fat his bat with his fat, and continuing to “bat the victim’s fat with his fat, even with his fats.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the 112 report processing, etc., and at the same time, the Defendant inflicted an injury on the base of salt, tension, and dystrophy inculty which require approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 257 (1) of the Criminal Act and Article 136 (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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The instant crime of obstruction of performance of official duties committed against a police officer for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order needs to be strictly punished for a crime detrimental to the State’s function by nullifying a legitimate exercise of public authority, and the degree of tangible force exercised against a victimized police officer cannot be deemed to be minor.

Although it is recognized that the defendant deposited 1.5 million won against the victimized police officers and made efforts to recover damage, the protected legal interest of the obstruction of performance of official duties is the protection of legitimate state power, and it does not aim to protect the individual of public officials.

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