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(영문) 인천지방법원 2017.10.12 2017고단5928
폭행등
Text

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 28, 2016, the Defendant was sentenced to one year and two months of imprisonment by obstructing the performance of official duties at the Seoul Eastern District Court, and completed the execution of the sentence at the Ansan Prison on November 2, 2016.

[Criminal Facts]

1. On August 11, 2017, around 00:45, the Defendant used the “D convenience store” located in the Southern-gu Incheon Metropolitan City, Incheon, for assaulting the victim E (57) to use a FK5 taxi driving by the victim E (57) and arrived at the destination, but without any reason, did not pay the taxi cost under the influence of alcohol and used the taxi at the taxi and used the taxi to receive the demand for the payment of the taxi cost from the victim at one time.

2. On August 11, 2017, the Defendant: (a) arrested a flagrant offender under such suspicion; (b) was transferred to the H district unit of the Incheon Southern-gu Police Station located in Nam-gu Incheon Nam-gu, Incheon; and (c) asked the Defendant whether I would pay the taxi fee to the Defendant; and (d) whether I would pay the taxi fee to the Defendant.

“............ as a sole hand assaulted by the above I at one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. Each damaged photograph;

1. Each report on investigation;

1. A previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to judgment related to the period of repeated crime);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Basic crimes: (a) the first sentence of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) the reason for sentencing 【Scope of the recommended punishment in accordance with the standards for handling multiple crimes / [6 months - one year and eight months]; (c) the basic area of interference with the performance of official duties (type 1); (d) the special aggravation (reduction) - where the degree of the same repeated crime / assault is minor, the determination of the sentence / the sentence / even in the circumstances in which the police officer was brought into the earth, thereby safety of police duties, such as causing a stimul

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