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(영문) 인천지방법원 2017.07.20 2017고단4526
상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 28, 2017, around 02:10 on May 28, 2017, the injured Defendant: (a) found the victim D (36 years of age) to have returned home to the Defendant under the influence of this alcohol; (b) caused an injury to the victim by shouldering the victim’s right arms at his/her right end, thereby causing an injury on the number of days of treatment.

2. The Defendant interfered with the performance of official duties at the date, time, and place mentioned in paragraph 1 at the time, at the place described in paragraph 1, committed assault, such as: (a) the police officer F (30 years of age) belonging to the Incheon Southern Police Station E-gu Incheon Police Station, who was called upon 112 reported and tried to arrest the Defendant as a flagrant offender; (b) the Defendant expressed a desire to arrest the Defendant as a flagrant offender; and (c) the Defendant’s appearance and buckbucks of the police officer, who was on the back of the patrol seat of the police station, continuously moving to the police station at one time, and assaulted the police officer’s face on one occasion.

Accordingly, the defendant interfered with legitimate execution of duties concerning the control of crime such as arrest of police officers in the act of crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of Acts and subordinate statutes to photographs damaged;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing in Article 62-2 of the Criminal Act for the protection and observation of the protection and Article 62-2, crimes 1 (Interference with the Execution of Official Duties) [the scope of recommending a person who has been subject to special sentencing] in the basic area of crimes 1 (Interference with the Execution of Official Duties and Forced Duties) [the scope of recommending a person subject to special sentencing] [the scope of recommending a person subject to special mitigation] who is not subject to punishment [the range of recommending a person subject to special mitigation] in the mitigated area of crimes 1 (No. 1) [the mitigated area of general injury] [the mitigated area of crimes 1] [the mitigated area of crimes 6 months to 2 years [the standard of sentencing] [the punishment of multiple persons] 6 months to 6 months], the suspension of execution of sentence 1 year, the defendant admitted his mistake, agreed with the victim and received a letter

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