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(영문) 춘천지방법원 원주지원 2015.05.21 2015고단273
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:00 on March 24, 2015, the Defendant: (a) filed a 112 report that “the drinking value was unfairly high; (b)” around the D convenience points in Kuju-si; (c) demanded that the Defendant “H summary points” be found while drunkly drunk to the Kuju-gu E District Unit of the Kuju-gu Police Station, called the Defendant, while under the influence of alcohol, and that the said F Habba.

Although informing the location of the main point, we would like to listen to the police officer that he would be able to impose a penalty in accordance with the violation of the Punishment of Minor Offenses Act if the said G would not take garbage from the above F, by leaving the police officer with a view not to put in the door, and make the cell phone inquiry device that the said G entered the matters necessary for the imposition of the penalty in hand, thereby harming the floor by cutting down the cell phone inquiry device, which the said G's left hand, and continuously put the above F, which he wanting to arrest the Defendant as a flagrant offender, and put the Defendant over the floor, and then put the said F, which again occurred, over the floor.

As a result, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes, and at the same time, the defendant inflicted an injury on the escape of the elbbow in detail that requires about four weeks medical treatment to the above F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Report on the occurrence of the case;

1. Photographss related to each obstruction of the performance of official duties, and post-treatment photographs of victims F;

1. Application of Acts and subordinate statutes of a medical 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 ordinary concurrent crimes (the crimes of injury and obstruction of performance of official duties, and punishment prescribed for the crimes of the most severe injury shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act (determination of types) of general bodily injury (general injury) - - In cases of obstruction of performance of official duties, [in cases of obstruction of performance of official duties, recommendation field, recommendation type] increased, six to two years [general person] reduced element: serious reflectiveness [whether suspension of execution of duties is suspended].

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