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(영문) 의정부지방법원 2016.01.25 2015고단3442
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. The injured Defendant is a volunteer with the same workplace as the injured party B (37).

On August 16, 2015, the Defendant, at the parking lot of the Yando-Eup office located in the area of the Yando-Seoul Metropolitan City in the Namyang-si, Chungcheongnamdo-si, Chungcheongnamdo-si, the Defendant, at around 20:40 on August 16, 2015, found the victim's face 6 times with the victim's face, and 3 times with the part of the Yando-Eup, the Defendant laid the victim's face with the number of days of treatment.

2. The Defendant interfered with the performance of official duties, who received a report on the assault case at the above date, time, and place, and sent to C, shall be deemed to have been raised by C.

"Stop , such as "", the police officer arrested the defendant as a current offender, takes a defective bath by carrying the defendant on the patrol vehicle, and assaults the face of the above C once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement B and D;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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. In light of the following: (a) the degree of injury suffered by the victim B due to the Defendant’s assault on the grounds of sentencing in Article 62-2 of the Social Service Order Criminal Act; (b) the Defendant’s face on the face of the police officer dispatched to the site is heavy; and (c) the Defendant has been subject to punishment several times due to acts of violence, damage to public goods, interference with the performance of official duties, etc. before the instant case, it is reasonable to strictly punish the Defendant.

However, the circumstances favorable to the defendant such as the fact that the defendant recognized all the facts of the crime and agreed with the victim B are being considered. The circumstances leading up to each of the crimes of this case and after the crime are considered.

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