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(영문) 인천지방법원 2014.09.26 2014고단5689
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

1. Around 00:55 on August 12, 2014, the Defendant assaulted the victim’s face at five times on the floor of drinking and hand, without any reason, while drinking together with the victim E (the age of 51) who first was under drinking within the “Dju” located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

2. The Defendant continued to interfere with the performance of official duties on the ground that G (the age of 46) et al. (a police officer belonging to the Incheon Southern Police Station F District (the age of 46) who was dispatched after receiving a report of 112 as the assault case under paragraph (1) had silentd the Defendant’s opinion while dealing with the assault case, and sought the remainder of the complaint from August 12, 2014, around 01:42, the Defendant sought to the front of the F District located in the Nam-gu Incheon Metropolitan City, Nam-gu H, Incheon. The Defendant expressed his desire to the above G that “I flick flick flick flick. I flick flick flick flick flick.” The G flick flick flick flick flick at his own hand when he took her bath while

Accordingly, the defendant interfered with legitimate execution of duties by police officers on public safety and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The range of the sentencing guidelines for the crimes No. 1 (Obstruction of Performance of Official Duties) within the scope of the sentencing guidelines for the crimes No. 1 (Scope of Recommendation ] (Obstruction of Performance of Official Duties) and No. 2 (Assault) within the basic area (6 months to 1 year and 4 months) of the obstruction of Performance of Official Duties (the scope of Recommendation ] [the scope of the punishment of Violence ] and the basic area (2 months to 10 months) of the basic area (general violence) of the crimes of Violence No. 1 (the scope of Recommendation ] within the scope of the final sentence due to the aggravation of multiple crimes without any specific punishment :

2. The defendant who has rendered the decision of sentence shall confession the crime of this case;

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