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(영문) 전주지방법원 2016.09.21 2016고단686
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2016, around 11:00, the Defendant received contact from D, who is an employee of the design office at the construction site of commercial construction site in C at the Jeonju-si, and arrived at the above site.

The Defendant, who received a civil petition, sent to the victim F (57) who is a public official in charge of construction civil petitions belonging to the E office building and construction civil petitions belonging to the E office, and reported that the Defendant, who so knows, to D, the instant order of suspension of construction works, and, at the same time, sent to the victim, she is about she, “A” and she is about she.

The term "in the end, the body of the victim was tight twice by the defendant's ship, and the chest of the victim was pushed down one time by his/her hand.

As a result, the Defendant committed a string of the right pleke wall that needs to be treated for about two weeks, and at the same time interfered with the legitimate execution of duties concerning the resolution of civil petitions by public officials.

Summary of Evidence

1. Partial statement of the defendant by the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F or D;

1. Certificates of diagnosis and certificates of discharge from admission;

1. Counseling civil petitions at the new electronic civil petition counter, photographs at the scene of crimes, and photographs of CCTV images;

1. Application of Acts and subordinate statutes of each investigation report;

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

1. Article 40 and Article 50 of the Criminal Act (the punishment imposed on the crimes of injury and interference with the execution of official duties, and the punishment imposed on the crimes of serious injury).

1. Selection of imprisonment with prison labor chosen;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The alleged defendant assaulted a public official who is an injured party while disputing the victim who completed and returned to the civil petition processing. Since the victim does not constitute a public official who is the so-called "in the course of performing official duties," the victim cannot be punished as a crime of obstructing the performance

2. The duties of "contesting the performance of official duties" under Article 136, Paragraph 1 of the Criminal Code.

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