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(영문) 청주지방법원 2021.01.27 2020고단2209
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 22, 2020, the Defendant injured the victim D(43) (S) who was the offender for reasons of infertility C apartment of Jincheon-gun, Jincheon-gun, Jincheon-gun, Chungcheongnam-do, 2020 on August 22, 2020, when drinking and drinking the victim's face part, and caused injury to sugar, etc., which requires an open treatment for about three weeks, by making it possible for the Defendant to take part of the victim's face.

2. The Defendant, at the time and time specified in paragraph 1, and at the place specified in paragraph 1, reported by the Defendant that the Defendant was taking advantage of the foregoing D, notified the summary of the suspected crime, etc., and lawfully arrested the Defendant in flagrant offender, thereby refusing to get the Defendant to board G 112 patrols at the Jincheon Police Station E District, which was called up, and thereby, obstructed the Defendant’s failure to get the Defendant to board the G 112 patrols, and the Defendant continued to use the part of the back fences of the patrols.

Accordingly, the Defendant damaged the patrol vehicles G 112, which are goods used by public offices, thereby impairing their utility, and obstructed police officers’ legitimate execution of their duties concerning the handling of reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to photographs, photographs, estimates, and medical certificates of each damage;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (damage to goods for public use, option of imprisonment), Article 136(1) of the Criminal Act (Obstruction of performance of official duties, Selection of Imprisonment, and Selection of Punishment) and Article 257(1) of the Criminal Act (the point of injury, and Selection of Imprisonment with prison labor) concerning criminal facts;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one month to six years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Damage to Goods for Public Use) [Type 1] Nullity and Destruction of Goods for Public Use / [Type 1] Nullity of Goods for Public Use / [the territory of recommendation and the scope of punishment] basic area, six months through one year and six months;

(b) Class 2 Crimes (Interference with the performance of official duties) (a decision of type);

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