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(영문) 의정부지방법원 2020.06.26 2020고단933
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 04:00 on January 19, 2020, the Defendant assaulted the victim D (the age of 23) one time to walk, due to an occurrence of a dispute, in the case where the Defendant was in his/her own city B and 5 floors as a matter of calculation.

2. On January 19, 2020, the Defendant committed violence, such as 04:19, around 112, at the place indicated in paragraph (1), i.e., “N........................ the son f., affiliated slope F., of the Ku Government Police Station Edistrict called “N.....................” and 200: (a) the Defendant heard a slope G’s shoulder in order to hear the statements about the instant circumstances and to confirm the inside of the room; (b) the f., the f., the f.

Accordingly, the Defendant committed violence to police officers who perform legitimate duties on the 112 Report Management Affairs, thereby hindering the execution of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning G and F;

1. Written statements of D;

1. Application of the investigative report (on-site CCTV images)-fuse photographs;

1. Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders, for probation under Article 62 (1) of the Criminal Act and Article 62-2 of the Social Service Order Act;

1. Scope of punishment by law: One to seven years of imprisonment;

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

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). [Attachment 1] There is no obstruction of performance of official duties or coercion of official duties (Special Aggravation) (Scope of Recommendation and Recommendation] basic area, six months to one year and six months (general person who is sentenced to punishment)

B. The second crime (determination of types of violence) is committed on the basis of violence [Class 1] and there is no general assault [the scope of recommendation area and recommendation range] [the scope of recommendation range] basic area, two months to ten months [the general person].

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