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(영문) 인천지방법원 2017.11.16 2017고단6778

폭행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, at around 13:00 on August 15, 2017, was under the influence of alcohol in front of Incheon Gyeyang-gu, Gyeyang-gu, Incheon, the Defendant, who heard from the victim D(54 tax) that “I am under the jurisdiction of I am under the influence of I am under the influence of alcohol.” The Defendant must raise “I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am.”

"I see the victim's desire and assault the victim's left face at one time."

2. The Defendant interfered with the performance of official duties was asked by E, a police officer, who was dispatched after receiving a report of assault 112 at the time, time, and place specified in paragraph 1, to ask questions about the circumstances of the assault, and “I do not have any time to go out, and the police sponse has been distorted.”

“The victim was expressed as “,” and the victim was expressed twice due to her head, and the victim committed assault, such as continuing to be sealed by her body.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol on D or E;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed by the crime of interference with the execution of heavier public duties);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years;

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

(a) Basic crimes [Determinations] Crimes interfering with the performance of official duties, interference with the performance of official duties, and Type 1 (Interference with the performance of official duties and coercion of duties) / Imprisonment with prison labor for up to six months from one year to six months (basic areas);

(b) Concurrent crimes (determination of types), violent crimes, assault crimes, and Type 1 (General Assaults) [Scope of Recommendation] Imprisonment for two months to ten months;

(c) The standards for handling multiple crimes: Six months of imprisonment;