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(영문) 의정부지방법원 2017.05.12 2017고합71
상해등
Text

A defendant shall be punished by imprisonment for six 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 December 30, 2016, the Defendant reported 112 to the effect that the Defendant does not pay a taxi fee in front of the village of the bank located in the Dongdong-gu, U.S. 16 at the time of Goyang-gu, Seoyang-gu, Sinsan, the Defendant was unable to move the Defendant to the police box of the Dong-dong Police Station C, the police officer of the Dong-gu, U.S. police station C of the Dong-dong Police Station, who was called out after receiving a 112 report to the effect that the Defendant would not pay a taxi fee, and the Defendant was able to move the Defendant to the police box of the police box by carrying the head of the above victims in his hand at the patrol vehicle, and interfered with the legitimate performance of duties concerning the handling of the report at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. A report on investigation (referring to cases of patrol patrols and video images);

1. Victims D and E photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts;

(a) point of obstructing the performance of official duties: Article 136(1) of the Criminal Act;

(b) The point of each injury: Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of interference with the performance of official duties as indicated in the judgment and the crime of injury to D, and the punishment prescribed for the crime of injury to D with heavy holding that punishment is more severe) (the punishment between the crime of interference with the performance of official duties as indicated in the judgment, the crime of injury to E, and the punishment prescribed for the crime of injury to E with heavier holding that punishment is more severe);

1. Selection of each sentence of imprisonment;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed in a heavier judgment as to E), which is subject to aggravated punishment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

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

(a) There is no type 1 (Interference with the performance of official duties and coercion of duties) [the scope of recommended punishment] of interference with the performance of official duties [the type] [the scope of recommended punishment]: 6 months to 1 year and 6 months;

(b)each injury (a type of determination).

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