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(영문) 대구지방법원 서부지원 2017.09.14 2017고단1283
상해등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

Punishment of the crime

On May 25, 2017, at around 00:02, the Defendant: (a) when the police officer F belonging to the police station E box in the Daegu-gu Police Station, which was forced to commit an indecent act at the main point of “D” located in “Seoul-gu, Daegu-gu; and (b) confirmed the personal information of the Defendant, the Defendant: (c) took a bath to “the imprisone the face of the said F; (d) spit down the booms; (e) arrested the victim G (36 years old) who is a police officer belonging to the said police box, at one time the Defendant knee of the said police box; and (e) interfered with legitimate performance of duties concerning the prevention, suppression, and investigation of the police officer’s crime; and (e) at the same time, he did kne in the left-hand level of kne, which requires medical treatment of approximately 6 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of CCTV photographs and investigation reports (Evidence List 15)-related Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act (the point of being injured) and Article 136 (1) (the point of performing official duties) of the same Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Sentencing criteria;

(a) 1 Crimes (Obstruction of Execution of Official Duties) / Where there occurs a serious injury in the aggravated area (one year to four years) (special mitigation (special mitigation) / One year to four years), and multiple damaged public officials who have suffered damage; . Where there are multiple damaged public officials.

(b) Class 2 Crimes (Assaults) [Scope of Recommendation] General Bodily Injury (General Bodily Injury) (No. 1 to 6 months) in the basic area (special mitigation (special mitigation (special mitigation)) / serious injury) - The final sentence scope due to the aggravation of multiple crimes: one year to 4 years - September - 9 commercial concurrent crimes, and refer to the lowest (one year).

2. The fact that the degree of injury suffered by the police officer who suffered damage to the sentence is very serious is disadvantageous to the defendant.

It is a contingent crime, and the degree of violence used by the defendant is very important.

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