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(영문) 인천지방법원 2016.04.07 2015고단8467
특수폭행등
Text

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

Reasons

Punishment of the crime

[criminal records] On December 1, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor due to an injury, etc. by the Incheon District Court, and completed the execution of the sentence on July 30, 2015.

[Criminal facts]

1. On October 20, 2015, the Defendant: (a) 19:05, the Defendant: (b) saw the victim D (the age of 54) Da and Da as a tree fighter who was sitting in and was under mixed drinking in C children’s park located in Nam-gu Incheon Metropolitan City; (c) brought the victim into the floor and continued to embling the victim, and was in line with the victim’s left side side of the luminous body.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant interfered with the performance of official duties, at the time, place specified in paragraph (1), and at the time, place specified in paragraph (1) and reported 112, and notified the Defendant of the summary, etc. of the suspected fact to arrest the Defendant in the act of committing an act in the act of committing a crime by the police officer F of the Incheon Southern Police Station E District Police Station.

”라고 소리치며 위 F의 얼굴과 가슴 부위를 주먹으로 때리고, 계속하여 피고 인의 폭행을 제지하려는 위 E 지구대 소속 순경 G의 종아리와 무릎 부위를 발로 수회 걷어찼다.

As a result, the defendant interfered with legitimate execution of duties concerning the dispatch of the 112 reported site by the police officer F and G 112 police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D, F and G;

1. Photographs of the victim;

1. Previous convictions: Application of a reply to inquiry, such as inquiry about criminal history, and application of Acts and subordinate statutes on investigation reports (report on confirmation of the release of a suspect);

1. Articles 261 and 260 (1) (a point of special assault) of the Criminal Act and Article 136 (1) (a point of obstructing the performance of official duties) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.

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