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(영문) 춘천지방법원 속초지원 2013.04.03 2012고단265
공무집행방해등
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

1. On July 1, 2012, around 13:10, the Defendant threatened the victim on the ground that the said victim was not in the direction that the said victim wants while getting in the taxi driven by the victim C (the age of 57) in front of the Seocho-si B cafeteria, the Defendant was under threat, on the ground that he was not in the direction that the said victim wants.

이에 위 피해자가 속초시 E호텔 앞에 일단 피고인을 내리게 한 후 잠시 다른 곳으로 운전하여 갔다가 다시 피고인을 태우기 위해 위 E호텔 앞으로 돌아와 정차하자, 피고인은 위 택시 운전석 문을 열고 주먹으로 위 피해자의 가슴과 목 부분을 수회 때리고, 계속해서 발로 위 피해자의 허벅지와 옆구리 부분을 수회 걷어찼다.

As a result, the above victim suffered bodily injury such as salt, tension, etc. in the cryp of cryp that requires treatment for about two weeks.

2. On July 1, 2012, around 13:30, the obstruction of performance of official duties and the Defendant injured the victim’s right knee part of the victim’s right knee, when he was arrested as an offender due to the criminal facts indicated in the above paragraph (1) against the slope F (the age of 45) belonging to the Seocho Police Station, the victim, before the EM.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the arrest of police officers in the act of committing an act of committing an act of crime, and at the same time, the above victim was an open kneee in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. A criminal investigation report (Attachment of a written opinion), a criminal investigation report (Attachment of a written diagnosis of a victim C), and a criminal investigation report (a photographic photograph of a victim C injury);

1. Application of Acts and subordinate statutes to photographs of victims;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act depth the Defendant’s mistake.

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