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(영문) 청주지방법원 영동지원 2016.04.14 2015고단246
상해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2015, the Defendant: (a) around 00:10 on October 1, 2015, at around 00:0, the Defendant was urged several times to return home from the victim E (38 tax) who is the police officer of the Rocheon Police Station D District, called the “C” and the victim is the person who left the Marine Corps.

I want to kill the police.

너 나랑 맞짱 한 번 뜨자. ”라고 고함을 지르며 양손으로 피해자의 어깨를 1회 밀치고 머리로 코 부분을 1회 들이받아 코피가 나게 하였다.

As a result, the Defendant interfered with the legitimate execution of duties of the victim, who is a police officer, on the 112 reported case, and at the same time, got approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes of a photograph and bodily injury certificate;

1. Article 257 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria cannot be applied as they are, since the crime of referring to the reference of the sentencing criteria and the crime of obstructing the performance of official duties are in an ordinary competition relationship, and the sentencing criteria do not present a separate processing method against the ordinary concurrent crimes.

However, the sentencing guidelines should be applied to the injury crime subject to punishment as reference materials for proper sentencing, and the scope of the recommended punishment should be considered.

[Determination of Type 1 (Special Sentencing) as a general injury to violent crimes: In the case of interference with the execution of official duties, the mitigation element is less than 2 weeks, and the injury is partly committed.

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