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(영문) 춘천지방법원 2020.02.04 2019고단986
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

. Violence;

Reasons

Punishment of the crime

On September 19, 2019, at around 23:59, the Defendant assaulted C in the Chuncheon Police Station B District, and was arrested as a flagrant offender.

On September 20, 2019, around 01:05, the Defendant entered a physical examination room within the detention room of the Chuncheon Police Station located in Chuncheon-ro, 61, and returned to his own aftermath, and received the face of the victim D (33 years of age) from the police officer belonging to the Chuncheon Police Station B zone, who is performing his duties to detain the Defendant in the lower side of the Defendant.

As a result, the defendant interfered with legitimate execution of duties concerning the custody of police officials in flagrant crimes, and at the same time, damaged the victim's face requiring two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Selection of a sentence of imprisonment with prison labor ( Taking into account the occurrence of an injury to a victim police officer);

1. Rejection of public prosecution under Article 62 (1) of the Criminal Act (including the fact that there is no past force, contingent crimes, the fact that there is an agreement with the victimized police officer, confession and reflects, the age, environment, circumstances after the crime, etc.)

1. The Defendant: (a) around September 19, 2019, the Defendant: (b) arrived at the F apartment of the same city at the time of destination, which is a taxi operated by the victim C (the age of 49) in Chuncheon City E; (c) but (d) did not run the taxi due to the taxi rate, and (d) did not look at the B district of the Chuncheon Police Station with the victim

At around 23:55 on the same day, the defendant requested the police officer to pay the taxi fee from the police officer who has heard the visit process in the Chuncheon Police Station B district in Chuncheon City, G, the defendant paid 7,000 won of the taxi fee to the victim, and he saw the victim's head collection by one hand and other hand.

Accordingly, the defendant assaulted the victim.

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