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(영문) 인천지방법원 2017.02.09 2016고단8836
폭행등
Text

A defendant shall be punished by imprisonment for six 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. Around 03:40 on December 17, 2016, the Defendant assaulted the victim’s right shoulder and shoulder at the end of the Incheon Southern-gu apartment complex B, Incheon, with the floor of the victim, who was boarding the victim C(47) driving, who was demanded by the victim to pay the taxi fee.

2. On December 17, 2016, at around 03:50 on December 17, 2016, the Defendant interfered with the performance of official duties: (a) at a police box of the Incheon Southern-gu Incheon Southern-gu, Incheon-gu, Incheon-gu, the Defendant: (b) threatened police officers at the place where the Defendant was issued with a free-of-funception lane because he did not pay the taxi expenses, such as the above paragraph 1; (c) threatenings the police officers at the seat of the police box to “Woo knick down by knife knife kniff in the eye, knife kniff in the eye,” and (d) interfered with the mobilization of the police officers on the back seat of the patrol box who were on board in order to send to the site after receiving a report by another 112, the Defendant was able to take the flue of the above patrol box, she was under assaulted by G.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and C;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to video recording materials, etc.);

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) A crime of Category 1 (Assaults) (Scope of Recommendation) (Assaults) (In the case of assaulting a driver of a motor vehicle in the form of a motor vehicle in the form of an aggravated area (4 months to one year) (a special aggravated area) (a type of assaulting a driver of a motor vehicle in the form of a motor vehicle (a type));

(b) crime 2 (Interference with the performance of official duties);

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