A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

피고인은 2018. 2. 19. 23:50 경 경기 의정부시 C 소재 건물 3 층 계단에서, ‘ 술에 취한 어르신이 상가 계단에서 노래를 부르며 누워 있다’ 는 내용의 112 신고를 받고 출동한 의정부 경찰서 D 지구대 소속 순경 E, F로부터 귀가를 도와주겠다는 말을 듣자 욕설을 하며 위 건물 위층으로 올라가려 하고, E이 이를 제지하자 E의 왼쪽 무릎을 발로 1회 차고, 계속하여 F의 얼굴 부위를 발로 수회 찼다.

As a result, the Defendant interfered with the legitimate performance of duties by police officers on the protection of life, body, and property of the people, and at the same time, the Defendant inflicted injury on the victim F, such as cerebral celebs which require treatment for about 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A written diagnosis of injury;

1. Data on photographs of each victims of their injuries;

1. Each report on internal investigation (the sequence 4,5 of evidence list);

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 9);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to the crimes of interference with and injury to the execution of each official duty);

1. Since each of the reasons for sentencing selective imprisonment with prison labor is in an ordinary competition relationship, it shall be excluded from the subject of the sentencing criteria.

The crime of this case is committed by a police officer in the course of performing official duties, obstructing the performance of official duties and inflicting an injury on a police officer, and is not good.

In particular, one of the damaged police officers suffered bodily injury, such as destroying the face of the defendant's appearance several times of price equivalent and destroying the face of the defendant's appearance.

As such, it is necessary to strictly exercise the state's penal authority on crimes that interfere with the performance of official duties, which are deemed to be acts to actively harm the body of police officers beyond the passive resistance on the performance of official duties.

Of course, the defendant's mistake.