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(영문) 의정부지방법원 2019.07.25 2019고단1171
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 18:39 on March 10, 2019, the Defendant: (a) received a report from the head of the Dong-gu Police Station D Zone D, which called the victim E, to issue a penalty payment notification to the Defendant on the violation of the Punishment of Minor Offenses Act (influence creation) to the police officers belonging to the Dong-gu Police Station D Zone D, which called the Defendant after receiving a report from 112 stating that “the fluenced person took any house or level;” and (b) received the notification on the penalty payment issued by the victim, and caused the victim to have a defect in the fluence because the victim’s fluence was carried on the floor by seeking a notification on the penalty payment issued by the victim.

As a result, the Defendant interfered with the legitimate execution of duties of the victim with regard to the handling of the 112 Reporting Report Case by police officers, and at the same time, damaged the victim's scality, etc. requiring approximately two weeks of medical treatment, and damaged the victim's scalisfy so that the amount equivalent to KRW 60,000 of repair cost can be increased.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112 reported case handling table;

1. Written opinions and receipts;

1. Application of the Acts and subordinate statutes governing the damage photographs, penalty payment notices, and CCTV images of the obstruction of performance of official duties;

1. Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the most severe crime of bodily injury);

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as follows) is committed by the police officer in order to interfere with the police officer’s legitimate performance of official duties, and at the same time, to interfere with the police officer’s legitimate performance of official duties, by taking the defendant’s common seat of the police officer, who was receiving a notice of penalty payment from the police officer, and who was using his security guards at the time of carrying out his complaint.

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