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(영문) 대전지방법원 서산지원 2020.04.08 2019고단1191
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

At around 23:30 on October 16, 2019, the Defendant received 112 a report and solicited the Defendant to return home from the victim D (30 years of age) who is a police officer belonging to the Taean Police Station C district unit of the Taean Police Station called to the site at the scene. However, without any justifiable reason, the Defendant saw the Defendant into the convenience store located in the nearby area, and saw the Defendant to have the Defendant go back from the convenience store to the outside of the convenience store, and again, the Defendant saw the Defendant to return home again to the Defendant, and caused the victim to take the Defendant out of the convenience store, and then the Defendant saw the Defendant to have the Defendant returned home again, and took the victim’s breath by hand at one time.

As a result, the Defendant assaulted the victim D of police officers, obstructed the police officer's legitimate execution of duties concerning the handling of 112 reported cases, the protection of people's life, body, and property, and at the same time there was a scarcity and scarcity that require medical treatment for about 14 days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Dody Cam images;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act and Article 136 (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;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 62(1) of the Criminal Act requires strict punishment as an offense detrimental to the legal order and the function of the State, by obstructing the exercise of legitimate public authority.

Considering the background of the defendant's assault, it is not good that the crime was committed, and the victim was injured thereby.

However, the fact that the defendant recognizes the crime and reflects it, and that the degree of injury of the victim is not much serious, shall be considered as favorable circumstances.

In addition, the sentencing conditions of defendants, such as their age, character and conduct, environment, circumstances of crimes, and circumstances after crimes, shall be determined as per the disposition.

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