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(영문) 대구지방법원 2020.05.13 2019고단6747
상해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On October 1, 2019, at around 23:10, the Defendant assaulted D under the influence of alcohol in front of C, located in the Gyeongdong-gun B, and the Defendant, upon receiving 112 report, took a bath to confirm the circumstances of the instant case from the slopeF belonging to the Glang Police Station E District Unit, and assaulted the F’s right side at one time by drinking.

After the Defendant was arrested as a flagrant offender due to the obstruction of performance of official duties, on October 2, 2019, at around 01:14, the Defendant refused to request the Defendant to board a vehicle to take custody of a new disease as a result of the investigation by the G District Police Station in the E District G G in the G District in the G District in the G District in the G District in the G District in the G District in the G District in the G District in the G District in the above District. The Defendant left the vehicle with a defect that the victim H (27 years of age) who was a policeman belonging to the said earth, kids the Defendant’s head, and kids the victim’s head, and kids the victim’s head, and kids on the vehicle.

As a result, the Defendant interfered with the police officer's 112 reporting process and lawful performance of duties concerning arrest of flagrant offenders, and at the same time, inflicted an injury on the victim who is a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, I, and H;

1. 112 Reporting List, E area work place;

1. Each photograph: Each of the “fluorial part”, “fluorial part”, “fluoric video-fluoring part”, and “CCTV fluoring part”;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the crime and Article 136 (1) of the Criminal Act (the point of injury) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Concurrent Crimes of Obstruction of Performance of Official Duties against H by Police Officers)

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (a decision of type) (a decision of type) and violent crime;

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