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(영문) 전주지방법원 정읍지원 2018.01.25 2017고단413
상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 25, 2017, the Defendant: (a) sought the victim C’s face at around 23:13, 2017, and obstructed the performance of official duties; (b) around 5, 200, at the management office of the Gamban apartment complex located on the 5th day of the former Banannam-gun-gun, Northern-gun; and (c) after receiving a report from the victim C, who is the circumstances leading to the head of the Nanan Police Station D District called the Defendant called “a son at home” and returned home; and (d) while moving forward the said management office, the victim’s face was taken one time by drinking, booming the back part of the victim’s back by hand, breaking the back part of the body of the victim, and breaking it into the bottom.

As a result, the Defendant interfered with the police officer's lawful performance of duties concerning the control of crime and 112 reporting processing, etc., and at the same time, the Defendant placed a back-to-date 14-day back back-to-underception, etc.

2. E에 대한 공무집행 방해 피고인은 2017. 8. 25. 23:26 경부터 23:50 경까지 사이에 위 지구대 사무실에서, 큰소리로 욕설을 하는 등 소란을 피우던 중 갑자기 위 지구대 소속 경위 E에게 ‘ 이 개새끼, 씨 발 놈 아 ’라고 욕설을 하면서 머리로 위 E의 얼굴 부위를 1회 들이받고, 발로 위 E의 다리 부위를 수회 걷어찼다.

As a result, the defendant interfered with legitimate execution of duties concerning the police officer's crime control, maintenance of order, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police for C and E;

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

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of injuring a victim C and the crime of obstructing the performance of official duties, and the punishment prescribed by the crime of obstructing the performance of official duties heavier than that of a victim C);

1. Selection of imprisonment with prison labor chosen;

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 observation of protection, the observation of community service order under Article 62-2(1) of the Criminal Act, and the observation of protection;

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