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(영문) 춘천지방법원 영월지원 2018.06.12 2018고단131
상해등
Text

A defendant shall be punished by imprisonment for one year.

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 February 8, 2018, the Defendant, who suffered injury or interfered with the performance of official duties, was on board the patrol vehicle with a slope C belonging to the Highway B patrol zone of the Gangwon National Police Agency, the Gangwon National Police Agency, who called out after receiving a report from 112 to the effect that “the Defendant is going against a disturbance on the bus on the bus,” located on the highway near the tunnel of the original library located in Chuncheon-si, the Seoul National Police Agency, and the victim guardD (47 years old).

After that, at the vicinity of the tunnel located in the 223 Central Highway Drown-gun, Hongcheon-gun, Hongcheon-gun, Dogwon, Dogwon Dog-ro 223, the sponsed from the patrol car, avoided the disturbance, take the head of the victim D who was sitting on the side of the defendant, knife the knife, knife the knife the knife, knife the victim, and assault C's face that was continuously driven by his hand at one time.

As a result, the Defendant interfered with the legitimate performance of duties by police officers related to 112 reporting and processing duties, and at the same time, the Defendant inflicted injury on the victim D, such as the 4,5 distribution of 10 days left, requiring treatment between 10 days.

2. The Defendant who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.) assaulted the driver of a vehicle in operation by taking the victim C (45 years) face of the 720 patrol vehicle at the same time and at the same place as the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Photographs;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes (a point of harm), Article 136 (1) of the Criminal Act (a point of interference with the performance of official duties), and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of assault against a driver) concerning the crime;

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

1. Selection of each sentence of imprisonment;

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. Each of the crimes in this case with the reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is not good in light of the attitude of the crime, and in particular, the driver's assault crime.

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