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(영문) 의정부지방법원 고양지원 2016.06.09 2015고단2825
폭행등
Text

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

Reasons

Punishment of the crime

The defendant committed each of the following crimes under the status that the defendant lacks the ability to discern things or make decisions due to early illness and alcohol addiction:

1. On September 27, 2015, the Defendant assaulted “D” as “D” located in Gyeyang-gu, Gyeyang-gu, Seoul, on September 27, 2015, for 20 seconds of the Victim E (55 years old) with a breath for 20 seconds without any reason, while under the influence of alcohol.

2. On September 27, 2015, the Defendant interfered with the performance of official duties in front of “G gas stations” located in Gyeyang-gu F at Yangyang-gu, Seoyang-gu, Seoyang-gu, on September 13:18, 2015, and 112 reported due to the facts under paragraph (1) and sent to the site by the police officer of the Goyangyang Police Station, who sent the Defendant to the site, arrested the Defendant as the current offender and was seated on the seat of the patrol vehicle.

I's face face was taken one time as a drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. Application of each statute on photographs;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the relevant Act;

1. Selection of each sentence of imprisonment;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental and physical drugs;

1. Sentencing under 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 both crimes) of the aggravated concurrent crimes;

1. The scope of punishment by law: Imprisonment for not more than three years and not more than six months;

2. Application of the sentencing criteria;

(a) Violence [Determination of Type] Violence, Violence, General Violence (Type 1) / [Special Sentencing Person] Mental and physical weakness (no one shall be responsible) (the recommended sentence scope), mitigation area, and / or imprisonment for eight months;

B. Interference with the performance of official duties [Determination of type] Crimes obstructing the performance of official duties, obstructing the performance of official duties, and Type 1 [Special Sentencing Persons] Mental and physical weakness (no one is responsible) [the scope of recommended sentence] mitigated area, x eight months of imprisonment.

(c) Determination of punishment according to the guidelines for handling multiple crimes: Imprisonment with prison labor or one year.

3. Determination of sentence;

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