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(영문) 대구지방법원 2016.06.22 2016고단2081
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 5, 2016, the Defendant assaulted the victim’s neck by hand on the ground that the victim D (V, 56 years of age) was aware of and resisting the Defendant’s speaking in the “C main point” stairs located in Daegu Suwon-gu B, Daegu-gu, Daegu-gu, on April 5, 2016.

2. The Defendant interfered with the performance of official duties, at the same time, at the same place as the foregoing paragraph 1, and at the same time and place as D’s 112 report, committed assault by G at one time at the time, stating that “F was working for the police station, she has been working for the police station, she would have been working for the police station, she would have been working for she well. she would have been working for shes. shes her. Hes am well. Hes she will go to her hand, and upon receiving a F’s request for support, she would be asked of personal information from the slope belonging to the E terrestrial group, who was dispatched to the scene, and she would be asked of personal information from G at one time at his her hand.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Each statement of D and H;

1. Application of a report on dispatch to the scene of a suspected crime, such as violence, etc., related photographs, and statutes concerning work place;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties) of the relevant Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

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

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

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) is the basic area (six months to one year and four months), and there is no special sentencing factor (special sentencing factor).

B. Class 2 Crimes (Assaults) (Extent of recommended punishment) in the basic area (two months to ten months) (no person who is subject to special sentencing) of the basic area (two months to ten months).

(c) the scope of final sentence due to the aggravation of multiple offenses:

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