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(영문) 춘천지방법원 원주지원 2019.10.30 2019고단786
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, at around 00:50 on July 25, 2019, received 112 a report to the effect that “not calculating the drinking value” in C entertainment tavern C located in the original city B, and received a request for the confirmation of the case from the victim E (the aged 42) who was in the circumstances leading to the district of the original police station D District called “Chewing. Chewing”, and carried out the victim’s chest part by hand.

Accordingly, the Defendant terminated the duty of 112 reporting by means of stopping the Defendant and stopping him/her back to the patrol vehicle parked on the front side of the said main point, and expressed the victim’s desire to return to the said patrol vehicle on the front side of the said main point, and continued to drive the victim’s back to his/her back one time with his/her left hand, and continued to set the victim’s back his/her back on the back part of his/her back to the victim one time, and caused the victim to suffer approximately two weeks of medical treatment.

As a result, the defendant assaulted the police officer dealing with the dispatch of the 112 reported case and patrol duty, thereby obstructing the performance of official duties and inflicting bodily injury at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Application of statutes governing investigation reports, diagnosis reports, and criminal records;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Although the reasons for sentencing under Articles 40 and 50 of the Criminal Code are favorable to the defendant, such as the fact that the defendant is in a depth of his mistake, the defendant can be sentenced to imprisonment with prison labor as well as the previous case. In light of the method and result of the crime in this case, the crime in this case is likely to be committed with the victim, and the crime in this case is not agreed with the victim, and all other circumstances such as the motive and circumstance of the crime in this case, the circumstances after the crime in this case, the defendant's age, occupation, family relation, health status, etc. are taken into account.

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