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(영문) 대구지방법원 2019.05.10 2018고단5757

특수폭행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal record] On October 12, 2016, the Defendant was sentenced to one year from the Daegu District Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dggravated Punishment, etc.) and completed the execution of the sentence in the Daegu Prison on October 10, 2017.

【Criminal Facts】

1. On November 17, 2018, the Defendant: (a) 01:25, while drinking alcohol in Nam-gu, Daegu-gu, Daegu-gu, and drinking alcohol; (b) was under the control of the victim C (V) who was his/her business owner; and (c) was under the control of the victim; (d) 1 bed and 1 bed with the victim, who was under the control of the victim, who was under the control of the victim; and (d) was faced with the victim.

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

2. The Defendant was requested to produce identification cards from E to the police officer of the Daegu Southern Police Station D District Police Station affiliated with the Daegu Southern Police Station D District that the Defendant sent to the site upon receipt of the above 112 report that the Defendant avoided the disturbance, and the Defendant interfered with the police officer’s legitimate execution of duties concerning the handling of the reported case.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Statement of the police statement concerning F;

1. Images of a shouldered beer's photograph, face-to-face photographed by an assaulted E;

1. Previous records of judgment: Criminal records, investigation reports (pre-trial and confirmation of suspect), copies of judgment, and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article 136(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

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

A. Obstruction of performance of official duties (determination of suspension of performance of official duties)