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(영문) 춘천지방법원 2017.09.12 2017고단322
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 January 13, 2017, the Defendant: (a) at the “D” entertainment station located in Chuncheon-si, Sincheon-si; (b) on January 13, 2017, the Defendant: (c) 112 reported and sent to the site, and requested the Defendant to present an identification card; (d) plicked the F’s left arms by cutting off, plucking up, and plicked the part of the port side bridge of G (38 years old) who belongs to the same district; and (d) caused the injury to the victimized police officer, who did not know about two-day medical treatment for G for about two weeks.

The Defendant assaulted the chest part of H’s chest in the situation where the Defendant continued to control it.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers in relation to field measures according to 112 reports, and inflicted injury on the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A written diagnosis of injury;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 136 (1) and Article 257 (1) of the Criminal Act (the point of obstructing the performance of official duties) concerning the facts constituting an offense under the relevant provisions of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed on a person who commits the most severe bodily injury);

1. Selection of imprisonment with prison labor chosen;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an element of sentencing unfavorable to the Defendant, such as: (a) the Defendant exercised violence against three police officers who have performed their official duties in a legitimate manner; (b) one of them inflicted bodily injury on a police officer; and (c) the act was not somewhat weak; and (d) the degree of interference with the performance of official duties is serious

On the other hand, the fact that the defendant led to the confession of the crime of this case, the first offender, and the fact that he made efforts to recover damage by depositing some money to the injured victim, etc. is an element of sentencing favorable to the defendant.

The age, sex, environment, and crime of the defendant.

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