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(영문) 춘천지방법원 원주지원 2017.07.17 2017고단54
특수상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On January 15, 2014, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act in the original state branch of the Chuncheon District Court, and completed the execution of the sentence in the Chuncheon Prison on August 31, 2014.

[Criminal facts]

1. On January 11, 2017, the Defendant was able to take a bath to the victim while drinking alcohol together with the E-mail F in the Defendant’s operation, and the Victim G (43 years of age) who is a post-F, in the operation of the Defendant on January 201, 2017, and the victim was able to take a bath to the victim.

“Along with the second defect, the part of the victim’s chest that he was sittinged on the fluor’s chest was found to have been above the floor, and the victim suffered bodily injury, such as the second fluor, which requires treatment for about 14 days to the victim.

2. On January 12, 2017, the Defendant interfered with the performance of official duties, who reported at the place specified in the foregoing paragraph 1 at around 02:00, and sent a fighting with the Defendant by the head of the original police station H District police station I and five other persons dispatched.

J tried to arrest him as a flagrant offender, and assaulted knenee I's face with kneekne.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to I by the police;

1. An injury diagnosis certificate (G);

1. Each photograph;

1. Previous convictions in judgment: A reply to inquiry about criminal history, report on investigation (verification of recidivism during the period of repeated offense), and application of the text of the judgment;

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 with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The Sentencing No. 1 crime (Obstruction of Execution of Official Duties) (Scope of Recommendation) is a second crime that has no basic area (from June to one year and six months) (special sentencing factors) in the basic area (from June to one year and six months).

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