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(영문) 수원지방법원 안양지원 2018.10.05 2018고단842
폭행등
Text

A defendant shall be punished by imprisonment for six 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. On March 6, 2018, the Defendant assaulted the victim on the following grounds: (a) on the restaurant called “D” located in Sinpo City 00:20 on March 6, 2018, on the ground that the Defendant’s daily activity, as a staff member of the restaurant, spiting the victim’s left side due to the fall of the knish, snicking of the knish, and prevented the Defendant from committing an act of cutting down the knish on the restaurant floor and cutting down the knicked fish, etc.; and (b) on the ground that the knicked snicked sponsing of the knick, the Defendant d

2. On March 6, 2018, the Defendant interfered with the performance of official duties: (a) was arrested as an offender in the act of assault on the same grounds as the preceding paragraph at the parking lot of the G police box located in the Si of Mapo-si, Mapo-si; and (b) went to the parking lot of the police box for the same reason; (c) while getting off from the patrol box, the Defendant committed assault, i.e., assaulting the victim H (the 40 age), who is a police official, by cutting down the left part of the police box, booming him/her over his/her face with his/her hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and H:

1. Photographs;

1. Each investigation report (related to CCTV images in a restaurant, and CCTV images) shall be governed by statutes;

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [the scope of the punishment on the sentencing guidelines] - Crimes of assault and violence committed in the mitigated area of Class 1 (General Violence) (one month to eight months). - Where the degree of assault is insignificant (Type 1, 6, and 7) - Crimes of obstructing the performance of official duties in the mitigated area (one month to eight months) - Special mitigated person: The degree of assault, intimidation, deceptive scheme, or interference with the performance of official duties is minor, resulting from the aggravation of multiple offenses.

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