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(영문) 인천지방법원 2018.05.11 2017고단7725
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2017 Highest 7725] On August 24, 2017, the Defendant towards the victim on the ground that the victim E (n, 21 years of age) was found in the Defendant’s residence in Gyeyang-gu Incheon apartment C apartment D around August 24, 2017, and the Defendant returned his cell phone and changed the first race to a third person.

“The victim committed assaulted to the victim, such as “the victim’s hair flag” and flaging the victim’s hair.

[2017 Highest 8641] On September 30, 2017, the Defendant assaulted the police officer, who is a police officer belonging to the Gansan Police Station in Incheon Bupyeong-gu, Incheon, with his family and a dispute with his family, and with his flab, and flabed his f, and flabed with his flab, which caused the flabing of his flab, and Had the h's h's h's h's h's h's h', and h's h's h's h's h's h's h's h's h's h's h's h'h's h's h

Accordingly, the defendant interfered with the legitimate execution of duties of police officers for the prevention of crimes.

Summary of Evidence

[2017 Highest 7725]

1. Statement by the defendant in court;

1. A summary of E statements;

1. CCTV image CDs (2017 high group 8641);

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to investigation reports (to attachCCTV data and video CDs);

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 execution of official duties) of the relevant criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the execution of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by committing a crime with heavier punishment);

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. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 (Obstruction of Performance of Official Duties) that interferes with the performance of official duties (Obstruction of Performance of Official Duties)

(b) Type 1 (General Assaults) on the basic area (from February to October) on the two crimes (Assaults);

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year;

2. Sentence;

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