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(영문) 서울동부지방법원 2021.01.14 2020고단3725
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On October 31, 2020, on the side of the main road of Seongdong-gu Seoul Metropolitan Government, on October 31, 2020, the injured Defendant assaulted, by hand, the victim B ( South, 35 years old) who was going to witness and assist the witness and set up a safety sign, and attempted to see on the road, on the ground that he was able to keep the victim’s face.

As a result, the Defendant inflicted injury on the victim, such as salt, tensions, etc. in the chilling of the chill that requires approximately three weeks of treatment.

2. The Defendant obstructed the performance of official duties at the date, time, and place mentioned in the above paragraph (1) at the place (the date, time, place, and 112, stating that “the taxi has a seat on the same main road with his/her customers,” received a report and received the statement from the damaged party, and the circumstances, the Sung-dong Police Station Cdistrict D, Sung-dong Police Station, Sung-dong, Seoul, and the Defendant demanded that the Defendant be accompanied to the earth as he/she was in danger of investigating the main road, and that the Defendant be accompanied by the said E-line on his/her own hand, and that he/she committed assault by putting the said E-line on his/her hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of F, B, and E;

1. 112 Reporting case handling table;

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

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

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

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

(a) Class 1 crime (Interference with the performance of official duties) (a decision of type);

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