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(영문) 전주지방법원 군산지원 2019.11.22 2019고단1019

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 of the final judgment.

Reasons

Punishment of the crime

1. Around 11:20 on March 11, 2019, the Defendant assaulted the victim D (M, 37 years of age) who had drinking together at the Defendant’s house located in the Gunsan-si B apartment C, Gunsan-si, by drinking alcohol, with the wheels of the Defendant’s neck, and with his hand, with the victim’s head knife at ten times, and with the victim’s arms on one occasion.

2. On March 11, 2019, the Defendant interfered with the performance of official duties: (a) committed assault, around the Defendant’s house on March 11, 2019; (b) around 11:35, in and around the Defendant’s house; and (c) in and around 112, the police officer, who was a police officer of the Jeonbuk-gun Military Police Station, dispatched to the police station, under the notification of 112, prevented the Defendant; and (d) obstructed the lawful performance of duties regarding the prevention, suppression, and investigation of police officers’ crimes, by asking the Defendant and asking the circumstances of the instant case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. Application of statutes on photographs of damage;

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

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One to seven years of imprisonment;

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

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). [Attachment 1] There is no obstruction of performance of official duties or coercion of official duties (Special Aggravation) (Scope of Recommendation and Recommendation] basic area, six months to one year and six months (general person who is sentenced to punishment)

B. The second crime (determination of types of assault) is a violence crime [Class 1] and there is no general assault [the area of recommendation and recommendation range] (the scope of recommendation range and recommendation range] basic area, imprisonment from February to October.