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(영문) 대전지방법원 논산지원 2019.07.09 2019고단235
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of three years on November 24, 2017 to one year and six months from the date of imprisonment with prison labor due to a special injury, etc. in the Daejeon District Court Seosan Branch, which became final and conclusive on December 2, 2017, and is currently under the suspended sentence.

【Criminal Facts】

1. On June 7, 2019, the Defendant, at around 09:35, 09: (a) under the influence of alcohol in C Kabter located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant: (b) Doctrineed the victim D ( South and 21 years of age) who is an employee of the said Kabter; (c) “The price of Mabsan is wning between fishing agents”; and (d) Doctrine with the victim’s right hand hand-on one time and two times with the victim’s right hand-on hand-on her part.

Accordingly, the defendant assaulted the victim.

2. Obstruction of Performance of Official Duties and the Defendant injured the victim F (manam and 24 years old) who was a policeman belonging to the Busan Police Station E District Zone E-district called upon receipt of the 112 report, sent the Defendant out of the above Mart to separate the Defendant, on the ground that the Defendant was sent out of the above Mart, and when the victim’s right part of the victim’s buck away from the left hand.

As a result, the Defendant assaulted police officers to interfere with the legitimate performance of duties by police officers concerning handling 112 reports, and at the same time, the Defendant inflicted an injury on the victim, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. A written diagnosis of injury;

1. A photographs of damage, and images that assault victim D;

1. Before and after ruling: Criminal history records, reply reports, and application of statutes of the judgment;

1. Articles 136 (1), 257 (1), and 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

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

(a) Type 1 (General Injury) of the First Crimes (Extent of Recommendation);

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