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(영문) 수원지방법원 성남지원 2018.11.28 2018고단2177

특수폭행등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 19, 2018, the Defendant, at the main point of “C” located in Gwangju-si, Gwangju-si, on September 23:20, 2018, the Defendant used the victim’s back head at one time with only one glass turb, which is a dangerous thing for the victim D, making a drinking while drinking alcohol, without any reason, and assaulted the victim’s face twice by drinking.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant interfered with the performance of official duties at around 23:40 around September 19, 2018, and at the place indicated in paragraph 1, and at the 112 report, the Defendant interested by F, a police officer belonging to the police station of Gwangju National Police Agency, Gwangju National Police Agency E District 2 Team of the 2 patrol team of the Korean National Police Agency, Gwangju National Police Agency, Gwangju National Police Agency, for the Defendant.

As it is called “Nar”, the victim expressed his desire to “Cr. .” and assaulted at one time the victim’s left blick with the Defendant’s fault.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to internal investigation reports, investigation reports (statements by shots), investigation reports (verification of on-site CCTV images);

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 the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Obstruction of Execution of Official Duties) [the scope of the recommended punishment] and the scope of the final sentencing due to the aggravation of punishment for the mitigated area (two months to one year and two months) (the scope of the recommended punishment) (the scope of repeated crimes and special assault) of the mitigated area (two months to one year and two months) of the mitigated area (the scope of the recommended punishment] of the mitigated area of crimes falling under Category 6 (the scope of the punishment for repeated crimes and special assault): June to February.