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(영문) 창원지방법원 통영지원 2020.02.12 2019고단1326
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

On October 11, 2019, at around 23:25, the Defendant: (a) was arrested by the victim F, etc., who was a police officer belonging to the Tong-gu Police Station E Zone E zone, who was sent to the Defendant, and was arrested as a flagrant offender due to the suspicion of intake-out fraud and insult; (b) caused the victim to board the patrol vehicle by taking advantage of the victim’s seat at the seat at the patrol vehicle at around 2 times and walking the victim for about 2 weeks, requiring treatment for about 2 weeks; and (c) caused damage to the victim’s satis and the surrounding satis.

As a result, the defendant interfered with the legitimate execution of duties of police officers on arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to medical certificates;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The scope of punishment by law: One to seven years of imprisonment;

2. Scope of recommended sentences according to the sentencing guidelines (limited to the scope of ordinary concurrent crimes and individual concurrent crimes);

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

(b) The factors to mitigate general bodily injury (type 1): the factors to mitigate minor bodily injury (type 1 and 4): In cases of obstruction of performance of official duties (the scope of recommending area and recommending range of punishment), the basic area of the crime (the scope of recommending area and recommending range of punishment), and April through June; and

3. Determination of sentence: Imprisonment for not less than eight months; and

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