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(영문) 수원지방법원 2019.11.26 2018고단4562
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On July 28, 2018, the Defendant assaulted the victim C (the age of 38) to have a telephone conversation in front of the water zone B in Yongsan-si 03:08, and to build the crosswalk, the Defendant used the victim C (the age of 38) to “slick.” The Defendant used the part of the victim’s face at the floor of hand, cut off the bridge, cut off the part of the bridge, cut off the victim’s face from the taxi, kid the victim from the taxi, kid the victim from the taxi, kid the victim’s arms and booms.

2. 공무집행방해 피고인은 2018. 7. 28. 03:15경 용인시 수지구 B 앞 횡단보도에서 위와 같이 C를 폭행하던 중, 112신고를 받고 현장에 출동한 경기용인서부경찰서 D 소속 경위 E 외 3명의 경찰관으로부터 현행범인으로 체포된 후, 순13호 순찰차에 타려는 순간 위 E에게 욕설을 하면서 발로 위 E의 낭심 부위를 1회 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act and the choice of imprisonment for the crime;

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

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to one year;

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