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(영문) 부산지방법원 2020.04.28 2019고단6388

폭행등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around November 27, 2019, the Defendant assaulted the victim by drinking alcohol at “Cjuk” located in Busan Jung-gu, Busan, on November 23:28, 2019, and without any justifiable reason, drinking alcohol at “Cjuk”, the customer who is the customer in the place of the drinking water.

2. On November 27, 2019, at around 23:40, the Defendant: (a) arrested a flagrant offender with the same assault as the preceding paragraph on the front side of the “FMM Pospoon” located in Busan, Jung-gu and moved to the patrol lane; (b) tried to wear the Haspo of Has on the roadside; and (c) assaulted the Haspo of Has of the Busan, Middle, Police Station G (a police box affiliated with the Busan, Police Station), to stop, to stop the Haspo; and (d) assaulted the Haspo face once.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and H;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

(b) Class 2 crime (determination of types of violence) and violent crime [Type 1] general assault [Special B] mitigation elements: Cases where the degree of assault is minor (type 1, 6, and 7): mitigated area (the scope of recommending area and recommendation range), imprisonment with prison labor for one month to eight months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to ten months of imprisonment (the maximum of crimes No. 2).

3. Determination of sentence: The defendant shall be sentenced to four months of imprisonment and one year of suspended execution;