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(영문) 청주지방법원 2018.05.24 2017고단2504
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 30, 2017, the Defendant assaulted the victim, by hand, on the ground that the Defendant was under the influence of alcohol in front of AO located in a considerable area of Cheongju-si, Cheongju-si, and the Defendant tolded AP and Q (the age of 17) on the ground that he was said to be under the influence of AP (the age of 17).

2. On June 30, 2017, the Defendant was arrested and investigated in the act of assault under the above paragraph (1) at a police station AT district located in the Cheongju-si, substantial AS Cheongju-si, substantial ATS Cheongju-si, and the father of the Defendant was arrested and detained in the act of assault under the above paragraph (1), and the Defendant’s father was able to hear the Defendant’s awareness of arresting the Defendant, and found the above AT district unit, and was found to have a police officer belonging to the above AT district unit.

”라고 말하면서 느닷없이 발로 위 순경 AU의 복부를 1회 차고, 이어 위 AT 지구대 소속 경위 AV가 소란을 피우는 피고인을 제압하려고 하자 발로 위 경위 AV의 복부를 1회 찼다.

As above, the Defendant abused police officers, thereby obstructing police officers from performing their legitimate duties concerning the prevention, suppression, investigation, public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. AP and a protocol concerning suspect interrogation of each police officer in Q;

1. Each police statement made with respect to AR, AU, and AV;

1. Application of the photographic Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties) of the relevant Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes 1 (Obstruction of Execution of Official Duties) within the scope of the recommended punishment based on the sentencing guidelines (in the case of a minor degree of violence, intimidation, deceptive scheme, or interference with official duties), the basic area (from June to one year and six months) (in the case of a minor degree of violence, intimidation, deceptive scheme, or interference with official duties), multiple public officials (in the case of a large number of public officials).

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