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(영문) 광주지방법원 목포지원 2014.07.04 2014고단683
폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. At around 16:50 on February 18, 2014, the Defendant: (a) obstructed the victim from assaulting F, a slope belonging to the Sejong Special Self-Governing City E-Governing City E-gu Police Station E-district, which was dispatched upon receipt of a report, in order to prevent the victim from assaulting D on front roads of B apartment 104, Sejong Special Self-Governing City; and (b) neglected the victim by openly insulting the victim by taking the victim’s humping, such as “this humping, singing, and sprinking.”

2. On February 18, 2014, at around 17:00, the Defendant heard the horses that he would no longer take a bath to F from the border G (the age of 35) belonging to the Sejong Police Station E district forces of the Sejong Police Station called “F” (the age of 35) to support F, and obstructed the police officer’s legitimate performance of duties concerning the dispatch of the 112 report, by stating that “I shall immediately answer the horses,” and “I shall do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. Application of F's accusation Acts and subordinate statutes;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 62 (1) of the Criminal Act;

1. The scope of final sentence recommended according to sentencing guidelines for sentencing under Article 62-2 of the Criminal Act of the community service order: Imprisonment for not less than six months;

1. Crimes of obstruction of the performance of official duties (determination of types of punishment) / Type 1 (Compulsory Obstruction of the Performance of Official Duties) of the crimes of obstruction of the performance of official duties (Special Aggravation of Punishment): No aggravated element: None of the relevant factors (the scope of recommending punishment); the relevant basic area; and the imprisonment with prison labor for not less than

2. The lower limit of concurrent crimes under the former part of Article 37 of the Criminal Act between the crimes for which the sentencing criteria are set and the insult for which the sentencing criteria are not set, shall be the crimes for which the sentencing criteria are set.

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