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(영문) 인천지방법원부천지원 2020.12.09 2020고단1794
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 20:00 on February 13, 2020, the Defendant, under the influence of alcohol, she was able to walked the victim C (Nam, 61 years of age) with his/her back to the victim C (Nam, and 61 years of age) without any reason while drinking, when the victim D (Nam, 27 years of age) was her face by her hand, and the victim D (Nam, and 27 years of age) who passed her face was able to have her face three times by her son’s hand.

Accordingly, the defendant assaulted victims.

2. The Defendant, at the time and place specified in Paragraph 1.(1) of the same Article, committed assaulting the F on two occasions by drinking the police officer F, who was a police officer belonging to the E Zone, dispatched to the site after receiving a report of 112 that “facs are in violence.”

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in regard to the 112 reported case.

Summary of Evidence

1. Statement of the police concerning F of the defendant's legal statement, C, D, and G;

1. Application of CCTV closure photographs, scene photographs of crimes, and Acts and subordinate statutes concerning damaged part photographs;

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

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 applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. 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 of imprisonment

(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) Class 3 (Determination of Punishment for Violence) / 03. Violence / [Type 1] No recommendation field and recommendation range for general assault (special person).

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