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(영문) 춘천지방법원 원주지원 2017.08.09 2017고단523
상해등
Text

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

1. On April 26, 2017, the Defendant: (a) around 01:38, the Defendant: (b) had the cell phone in possession of the victim D (n, 61 years of age) who is the owner of the house, for the Defendant’s monthly rent; (c) had the cell phone owned for the Defendant’s disturbance; and (d) had the victim’s face face at the time of the victim’s cell phone, the Defendant had the cell phone in his/her hand, and had the victim 14 days around the right-hand entrance in need of treatment.

2. On April 26, 2017, at around 03:27, the Defendant: (a) visited the head of the original police station Fdistrict office in the original city E from the injury as indicated in paragraph (1) of the above paragraph; (b) visited the head of the police station in the original city E from Apr. 26, 2017 to explain the circumstances of the injury case to G; (c) the above G, who heard the circumstances of the case from the Defendant, solicited the Defendant to return to the Defendant; (d) without responding to this, the said G, who entered the said district office and opened the computer monitor installed in the front of the above G, thereby pushing the said G with the said G’s hand over to the lower part; and (d) the said monitor displayed the said G.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to police officers' global service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D or G by the police;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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

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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

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

1. Sentencing 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) No. 1 Crimes (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) are the basic area (six months to one year and six months) of the sentencing guidelines (special sentencing factors) [the scope of the recommended punishment] general mitigation area (one-one month to one year).

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