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(영문) 대구지방법원 2015.06.19 2015고단1232

폭행등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 01:00 on September 19, 2014, the Defendant, at a “D” restaurant located in Junggugu Daegu-gu, Daegu-gu, expressed the victim’s desire to smoke from tobacco of the victim E ( South and 25 years old) who is an employee, and assaulted the victim by having the victim’s face and chest sealed the victim’s chest, and by having the victim F (ma, 28 years old) who is another employee pushed the victim’s chest, hand, etc. with the victim’s son and hand.

2. The Defendant spit off the police officer G and patrolmen, who were dispatched after receiving 112 reports at the above time and place in the obstruction of performance of official duties, with his desire to commit these violences of the Defendant, and spits his bridge two to three times due to spitation in G’s face and spit it down on H’s face.

As a result, the Defendant interfered with legitimate execution of duties concerning the handling of G and H 112 reported cases by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. Application of Acts and subordinate statutes to reports on arrest of flagrant offenders, investigation reports, investigation reports (112 reported case handling lists and damaged photographs);

1. Articles 260 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes;

1. Selection of each sentence of imprisonment;

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

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

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

A. Where the degree of violence, intimidation, and deceptive scheme is minor, the basic area (six months to one year and four months) of the obstruction of performance of official duties (the scope of recommendations) (the basic area of the obstruction of performance of official duties) (the person who has been subject to special mitigation) / Where there are many public officials who have suffered damage (the category one)

B. Each of the crimes of violence [in a case where the degree of the assault (in a case where the degree of the assault is minor) is limited to the mitigated area (one month to eight months) of Type 1 (general assault) (one month to eight months).