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(영문) 인천지방법원 부천지원 2016.01.28 2015고단3607

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 June 19, 2015, the Defendant: (a) around 14:00, and around the residence of the victim D (n, 20 years of age) of Seocheon-si Ctel 825, Seocheon-si Office Officetel 825 (n, 20 years of age); (b) on the part of the victim, while drinking together with the victim, the Defendant abused the victim by taking one time the left head of the victim’s left head.

2. On June 19, 2015, at the same place as before and after the foregoing D’s assault report, the Defendant: (a) took an inquiry about the circumstances of the instant case from F of the position of the E District Unit in the Seocheon-gu Police Station, Seocheon-gu, Seoul Special Metropolitan City; (b) took a bath to “Isn’s children to grow back,” and assaulted the Defendant by hand at a single price.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes, such as CCTV closure photographs;

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;

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

3. Article 62 (1) of the Criminal Act (The following favorable circumstances).

4. Reasons for sentencing under Article 62-2 of the Social Service Order Act: The punishment shall be determined as per the order, in consideration of the following: (a) the basic area of the crimes of Category 1 (Interference with the performance of official duties) and the basic area of the crimes of Category 6 (Special Assaults of Habitual Assaults), the basic area of the crimes of Category 2 (Interference with the Performance of Official Duties) [the scope of the recommended punishment] [the scope of the final sentence due to the aggravation of multiple crimes] [the scope of the punishment due to the aggravation of multiple crimes]: June - 2 years and 6 months [the decision of the punishment]; (b) the defendant is in profoundly against the mistake of the victim; (c) the defendant deposited KRW 30,000 for victim D; (d) the previous conviction of the fine was made twice; and (e) the age has yet to be made.