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(영문) 제주지방법원 2015.06.05 2015고단240
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 13, 2015, the Defendant: (a) around 02:15 Jeju-do Police Station at Jeju-do 1234, around the Jeju-do 2 Dong-dong Police Station at Jeju-do 1234, the Defendant: (b) requested the Defendant to speak the personal information for identification by a slope C (35 years old) working at the Jeju-dong Police Station at the Jeju-dong Police Station at the time of arrival of destination, who was on a taxi and was called for contact with a taxi engineer at the time of arrival of destination; and (c) assaulted the said C’s chest on his hand, by tightly cutting off the flab, and destroying the flab.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the prevention, suppression, and investigation of the above C crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes in written statements prepared D;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 136 (1) of the Criminal Act and the choice of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Probation and community service order: The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., including that the defendant was sentenced to imprisonment for the same kind of crime on September 6, 2012 and a suspended sentence of one year, and was punished several times as the same force, but the crime of this case, disregarding public authority in a similar way under the influence of alcohol, should be criticized.

However, considering the following sentencing guidelines, it is difficult to deem that the major reason for the suspended sentence (the same criminal record as or above the suspended sentence for a period of not more than five years) has reached the recommended area of one sentence, and that the defendant is expected not to commit any similar crime in the future after recognizing all the criminal facts, and that the defendant is fully responsible for supporting six persons, such as a mother and a mother, etc., and that the defendant is responsible for living, the sentence shall be set in consideration of the following sentencing guidelines and the execution of the sentence shall be suspended only once, but an opportunity for prevention of re-offending and self

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