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(영문) 대구지방법원 2019.09.24 2019고단2264

폭행등

Text

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

On April 10, 2019, at around 03:20 on April 10, 2019, the Defendant assaulted the victim C (year 46) at a main store located in Daegu Dong-gu, Daegu-gu, that the victim C would not take a bath to the Defendant, and assaulted the victim's shoulder and neck by drinking.

Accordingly, the defendant assaulted the victim.

On June 22, 2019, at around 22:35, the Defendant: (a) reported that there was a person who does not pay the alcohol value at E drinking house located in Daegu-gu Dong-gu, Daegu-gu; and (b) requested the Defendant to present his identification card; (c) “A slope G belonging to the F District of the Daegu-dong Police Station, which was called the Defendant to present his identification card; (d) “A mobile phone Nos. and widths are found”; and (e) A used the G’s face, which requires the Defendant to keep his/her chest in good hand, and to keep him/her free of charge.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property, prevention, suppression, and investigation of crimes.

Summary of Evidence

"2019 Highest 2264"

1. Defendant's legal statement;

1. Statement to C by the police;

1. "Investigation reports (on-site photographs)": "20, 3321";

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the F District Work Site Act;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. 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 of imprisonment

(b) Second crimes (determination of types of violence) and violent crimes;