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(영문) 수원지방법원 여주지원 2021.02.01 2020고단1298

특수폭행등

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. Around October 27, 2020, at around 22:50, the Defendant: (a) assaulted the victim D’s e-mail at the Gyeonggi-do E-si and the “C” restaurant; (b) assaulted the victim’s e-mail; and (c) assaulted the victim’s e-mail, which is an object dangerous to kill the e-mail from the damaged person; (d) 25 cm in total; and (e) 18 cm in length.

2. On October 27, 2020, the Defendant interfered with the performance of official duties, at the same place as before and after receiving a report from 112 on October 27, 2020, the Defendant interfered with the police officer’s legitimate performance of duties by keeping him/her away from the front shoulder of the police officer in the Gyeonggi-do Police Station F District to move to the said victims, thereby interfering with the police officer’s legitimate performance of duties.

Summary of Evidence

1. Application of the defendant's legal statement G, H and D to each police statement protocol and CCTV-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of imprisonment for a crime;

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 on the grounds of protection and observation and orders to provide community service and attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

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

A. Group 1 Crimes (Interference with the Execution of Official Duties) / [Type 1] No interference with the performance of Official Duties / [No person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area, imprisonment with labor for six months to one year and six months;

(b) Crimes No. 2 (Special Violence) / [Determination of Type] Violence / [Type 6] / Repeated / Special Violence / Special Violence / Special / Special Sentencing / mitigated element: Where punishment is not (including serious efforts to recover damage) or considerable damage has been recovered (the area of recommendation and the scope of recommended punishment) mitigated area, February through February, and February;

(c) Scope of punishment recommended according to the standards for handling multiple crimes: Imprisonment;