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(영문) 부산지방법원 서부지원 2018.02.19 2017고단1913
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

At around 08:00 on November 12, 2017, the Defendant: (a) 112, who was under the influence of alcohol at the convenience store C located in Busan YY-gu, Busan, and was reported by 112, and was demanded to return home from the victim E ( South, 50 years old); (b) was shaking the victim’s hair; (c) was faced with the head’s face; and (d) was exposed to about 2 weeks of the victim’s face, the Defendant damaged the victim’s character that requires approximately 2 weeks of treatment.

As a result, the Defendant assaulted the police officer who performs the duty of 112 reporting and inflicted an injury on the victim at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report (to attach photographs ofCCTV images and caps);

1. A written diagnosis of injury;

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

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the suspended sentence of the Criminal Act provides that the injury suffered by the victim of the reason for sentencing under Article 62(1) of the Criminal Act is relatively heavy. Considering favorable circumstances, such as the fact that the Defendant had no record of criminal punishment before committing the instant crime, the Defendant shall comprehensively consider the degree of the tangible power the Defendant exercised and the age of the Defendant, and determine the punishment as set forth in the Disposition, by comprehensively considering

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