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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On August 17, 2018, at around 03:05, the Defendant, within the C Hospital emergency room located in C Hospital B, refused the request for returning home of the doctor and nurse to the emergency patient area, and the Defendant, after receiving a report of 112 while avoiding a disturbance, faced with the circumstances leading up to the D Zone of the Public Police Station called up by the Defendant E (54) and the slopeF, caused one arms to enable the Defendant to return home.
As a result, the Defendant inflicted an injury on the injured party during about three weeks of medical treatment, and at the same time interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.
Summary of Evidence
1. Each legal statement of witness F and E;
1. 112 reported case handling table;
1. A written diagnosis of injury;
1. Each CD [the defendant and his defense counsel] asserts that the crime of obstruction of performance of official duties or of bodily injury is not established because the defendant shouldered his fingers to escape from such situation when the victim was suffering from considerable pain due to the defendant's arms. According to the CCTV of the emergency room, the defendant's arm's length at the time of his fingers is recognized. However, the victim was only engaged in an act of causing the defendant's arm's length back or getting the victim's arms down. Thus, the victim's arm's length was not accepted (the victim was laid down on the bend in an emergency room in order to deal with the reported case 112 cases, or was laid down on the floor to cause the defendant's arm's length back, and it cannot be viewed as an unlawful execution of official duties.
Meanwhile, since around 03:08:20 on the day of the instant case, the fact that the Defendant and the victim provided their body fighting, and during that process, the fact that the victim took the arms strongly in order to restrain the Defendant and the Defendant resisted as the Defendant resisted.
However, all these days will result in the defendant's loss.