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(영문) 서울중앙지방법원 2020.04.17 2019고단8348
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On September 21, 2019, the Defendant was arrested in the act of committing the crime of assault, etc. against C, who performed drinking as in the office B of Seoul Central Police Station B located in Jung-gu Seoul Central Police Station B located in the Jung-gu Seoul Central Police Station B, and was transferred to the said office, and tried to keep the police officer “drawing and unclaimed” and “drawing out of the said office.”

Accordingly, the circumstances surrounding the above B and D kept the Defendant’s above speech and behavior, and the defect that the Defendant attempted to wear the Defendant’s hand, and the Defendant shouldered the left shoulder of the above D, thereby causing damage to the victim’s standing and character, which requires approximately two weeks of medical treatment.

As a result, the defendant interfered with legitimate execution of duties by police officers on criminal investigations, and at the same time injured the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Written statements of D;

1. The criminal place;

1. Report on investigation (for the use of locks against a suspect);

1. A copy of the written diagnosis submitted by the victim;

1. Data on photographs of damaged parts of a victim;

1. Application of Acts and subordinate statutes to a report on investigation (a photograph of the victim's main body D)

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on the crimes of bodily injury heavier than that of a judgment);

1. Selection of imprisonment with prison labor chosen;

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The summary of the argument that the defendant shouldered the left side of the police officer, such as the statement of facts constituting the crime;

Even though Amado police officers appear to have performed their duties in an unreasonable and excessive manner by using the arms of the defendant, etc., and the defendant is a self-defense in the process of legitimate resistance, so the crime of obstruction of performance of official duties is not established, and the illegality of the crime of injury is excluded.

2. We examine the judgment, and police officers.

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