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(영문) 수원지방법원 안양지원 2014.10.16 2014고단1312

폭행등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 July 25, 2014, around 20:36, the Defendant assaulted the victim by putting the victim a physical disease on his/her hand while putting him/her away from the victim E (24 years of age) who is a shop for the said restaurant, at a 'D' restaurant located in the Mayang-gu Man-gu, Mayang-si, Mayang-si.

2. At the same time and place as mentioned in paragraph (1) above, the Defendant arrested the Defendant as a flagrant offender in the crime of assault, while the police officer G belonging to the F District Police Station in the Gyeonggi Gyeyang-gu Police Station, which was called upon 112 reported and arrested the Defendant, the Defendant obstructed the legitimate execution of duties concerning the arrest of a police officer on the part of the flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. A statement prepared by H;

1. A report on investigation;

1. Application of Acts and subordinate statutes concerning violence victim photographs;

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. 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. Scope of recommendations: Imprisonment with prison labor for up to one year and nine months;

(a) Second offense: Basic area (six months to one year and four months) of the obstruction of performance of official duties;

(b) Second offense: The basic area (from February to October) of category 1 as a assault crime; and

C. Aggravation of multiple crimes;

2. The sentence shall be determined like the order, taking into account the fact that the defendant in the decision of sentence had no record of punishment for the same kind of crime after around 1984, the defendant has old age, and his mistake has been pened.