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(영문) 대구지방법원 2016.02.18 2015고단6208

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. On November 16, 2015, the Defendant: (a) heard the horses of claiming agency expenses from the victim D (44 tax) who is an agent of the victim in front of the C cafeteria in Daegu Northern-gu, Daegu-gu, Daegu-gu; and (b) assaulting the victim at one time by drinking the face of the victim.

2. The Defendant, at around 02:50 on November 16, 2015, voluntarily accompanied and moved to the lower seat of 112 patrols on the ground as indicated in the paragraph (1) and moved to the district, he expressed his head three times as a drinking to F, who was on the left hand, near the post office located in the Do office located in Daegu Northerndong, and was on the part of the Defendant, who was on the front seat of the Do office located in the Do office located in the Do office located in the Do office located in the Daegu North Korean Police Station Ear of the Daegu North Korean Police Station of the Daegu North Korean People’s Republic of Korea, and expressed his desire to “the head of the said FF to live several sue and to write down.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and D;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service work;

1. Application of the sentencing criteria;

(a) The point of assault [the scope of recommended punishment] No. 1 category of assault crime (general assault) (one month from February to ten months) is the basic area (the person who has no special sentencing factors)

B. The point of obstructing the performance of official duties [the scope of recommended punishment] The basic area (fe.g., interference with the performance of official duties and coercion of duties) (fe., June to one year and four months) (fe.g., no person subject to special sentencing) shall interfere with the performance of official duties.

(c) Scope of punishment revised according to the guidelines for handling multiple crimes: From June to September 1.

2. The defendant who has determined a sentence of sentence is not easy to commit such crime as assaulting an acting engineer, taking a bath to a police officer performing his duties in the patrol vehicle, and assaulting him;

However, the defendant recognized his mistake and reflected his mistake.