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(영문) 춘천지방법원 원주지원 2016.04.05 2016고단79
상해등
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 January 1, 2016, at around 18:25, the injured Defendant: (a) on the front of the “E” restaurant located on the first floor of the D market located in the original city, the victim F, who works as a security guard of a commercial building, had the victim’s face floomed by drinking on the ground that the victim F, who was employed as a security guard, did not flickly flickly flick the Defendant, flick the victim’s face; (b) flicked the victim’s flick flick; and (c) flicked the victim’s body, such as walking the back part of the victim’s flick with knene, was flick in which the victim’s treatment days cannot be

2. 공무집행 방해 피고인은 2016. 1. 1. 18:40 경 위 제 1 항 기재 장소에서, ‘ 남자 한 명이 경비원을 폭행하고 있다’ 는 112 신고를 받고 출동한 원주 경찰서 G 지구대 소속 순경 H이 위 제 1 항과 같은 이유로 폭행죄의 현행 범인으로 체포된 피고인의 신병을 인수하여 순찰차량에 태우려 하자, 욕설을 하면서 왼발로 위 H의 오른쪽 허벅지를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, F, I, and J;

1. Reporting on the arrest of a case;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protection and observation and orders to provide community service and attend lectures;

1. Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) and the basic area (from June to one year and four months) (the person who is subject to special sentencing) (the person who is subject to special sentencing).

2. Crimes No. 2 (Assaults) [the scope of recommendations] general injury to one type (general injury), the mitigation area (two months to one year) [the person subject to special mitigation] is not subject to punishment (damage.

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