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(영문) 대전지방법원천안지원 2020.09.04 2019고단1423

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 became final and conclusive.

Reasons

Punishment of the crime

[Obstruction of Performance of Official Duties] Around 03:00 on May 11, 2019, the Defendant: (a) committed an assault on the part of the police officer, following the Defendant’s desire to see the on-site situation by E, a security guard belonging to the D District District of the Asan Police Station, who was dispatched to the site after receiving a report of 112 on May 11, 2019; and (b) assaulted the said police officer, “I will see whether I go to the direction of the police officer, or if I would go to go to the direction of the police officer.”

Accordingly, the defendant assaulted a police officer who performs legitimate duties in relation to 112 reporting processing.

[20Dadan992, Special Intimidation] Around 06:10 on February 2, 2020, the Defendant: (a) followed the restaurant of “G” located in the west-gu, Chungcheongnam-gu, Chungcheongnam-do; and (b) threatened the victim H (Nam, 21 years of age) who is the latter part of that restaurant in the street with the horse dispute; (c) threatened the victim with the main-hand knife (30cm in total length, 18cm in length) which is a dangerous thing by entering the restaurant; and (d) threatened the victim with the beer’s disease, which is a dangerous thing in the beer’s beer in the above restaurant, and threatened the victim by putting the said beer’s disease on the road.

Summary of Evidence

[2019 Highest 1423]

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs and the list of reported cases of 112 [20 high-ranking 992]

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A H statement;

1. Application of Acts and subordinate statutes to report internal investigation (as regards the on-site visit situation, etc.), relevant photographs, processing records of 112 reported cases, investigation reports, investigation reports (J telephone conversations of wooders J), and investigation reports (K telephone conversations of wooders);

1. Relevant Article 136(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

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

1. The scope of recommendations according to the sentencing criteria; and