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(영문) 인천지방법원 2018.01.17 2017고단8307
상해등
Text

A defendant shall be punished by imprisonment for six 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 November 8, 2017, the Defendant damaged the property by opening the entrance door in front of the DVD room operated by the victim C of the victim C in the Southern-gu Incheon Metropolitan City B 3th floor at around 08:30 on November 8, 2017, on the ground that the victim did not open it, the Defendant destroyed and damaged the fire equivalent to 150,000 won at the market price owned by the victim.

2. The victim E (34) who is a police official belonging to the Incheon Southern Police Station, a police officer belonging to the Incheon Southern Police Station, who received 112 reports at the date and time and place specified in paragraph 1, found the Defendant to have his body carried out from the stairs of the third floor to the second floor of the second floor, and attempted to restrain the victim from carrying out his body on one occasion as soon as possible, the victim suffered injury to the right side part of the victim, which requires approximately two weeks of medical treatment.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of damaged parts, and photographs of damaged parts;

1. Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Obstruction of and Bodily Injury to the Execution of Official Duties);

1. Selection of each sentence of imprisonment;

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 suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant, while under the influence of alcohol, destroyed the victim’s property without any justifiable reason; (b) the police officer who received 112 reports and obstructed the performance of official duties by causing an injury to the police officer; and (c) the nature of the crime is heavy in light of the circumstances, methods, and results of the above crimes.

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