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(영문) 의정부지방법원 2020.05.11 2019고단5964
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. On August 4, 2019, around 04:15, the Defendant committed the crime at around 04:15, around August 4, 2019, at the meeting of the police station of the Council of the Republic of Korea located in 1265, the Defendant: (a) expressed the victim’s desire to enter the said police station; (b) expressed that the victim C, who was a policeman belonging to the police station B of the Council of the Republic of Korea, who was working at the guard station B of the Republic of Korea, was prevented from entering the police station; and (c) took the victim’s joint arms by putting the victim’s arms on his/her hand; and (d) took the victim’s cocon part in drinking.

As a result, the Defendant interfered with the legitimate execution of duties of the police officer with respect to the guard of the above police officer, and at the same time, suffered bodily injury, such as the cutting of a peltos in need of medical treatment for about three weeks.

2. On August 4, 2019, around 04:30 on August 4, 2019, the Defendant expressed that, in order for the Defendant to grasp the circumstances of the instant case, E, a police officer affiliated with the Kug Government Police Station D Zone D Zone D, called “Is the Defendant to go to go to, and is the police officer,” on the part of the Defendant to go to knee, on one occasion, at the place indicated in paragraph (1).

As above, the Defendant assaulted a police officer to interfere with the police officer’s legitimate performance of duties concerning handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Investigation report (in case of a suspect and the process of receipt of this case);

1. Investigation report (case of a medical certificate of injury of a victim C), and application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of performance of official duties againstC and the crimes of injury, and the punishment imposed on the crimes of grave injury);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years and six months;

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

A. First Crimes (Obstruction of Performance of Official Duties).

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