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(영문) 대전지방법원 논산지원 2014.08.19 2014고단177
상해등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 6, 2014, at around 19:00, the Defendant was under the influence of alcohol in front of the restaurant of the “Ssama” restaurant located in the Dong-dong, Dong-dong, Chungcheongnam-do, Chungcheongnam-do. However, the Defendant became aware of the fact that the Defendant was under the control of the slope C and police officer affiliated with the police station B district unit of the police station that was dispatched upon receipt of the 112 report, and that the Defendant was under the control of the Defendant, while verifying the Defendant’s personal information.

When the Defendant was notified by C of the fact of a fine, the Defendant threatened C with his hand, and the victim who was in compliance with the above, led the Defendant to restrain the Defendant, so that the victim “I am son, I have come to see,” and she was at one time at the left face of the victim’s hand.

In the end, the Defendant interfered with legitimate performance of duties concerning the processing of the report by C and the victim and the arrest of fine recipients, and at the same time, the Defendant was an open room for the victim to receive approximately one week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Statement C’s police statement;

1. The application of Acts and subordinate statutes to descriptions or images of standing photographs, fines, prisoners, arrest reports, 112 reported case handling lists, opinions, and the application of each of the aforementioned Acts and subordinate statutes;

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 (Punishment prescribed for the most severe crime of bodily injury);

1. Selection of imprisonment with prison labor chosen;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment with prison labor for one month to seven years (ordinary concurrence and choice of imprisonment);

2. Sentencing criteria:

A. Each of the crimes of obstruction of performance of official duties [determination of types] of obstruction of performance of official duties, and Type 1 (Compulsory Obstruction of Performance of Official Duties) of obstruction of Performance of Official Duties [Scope of Recommendation] Basic Area: Imprisonment for 6 months to 1 year and April: None of special mitigation factors.

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