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(영문) 수원지방법원 2016.08.25 2015고단5594
폭행등
Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On December 5, 2012, the Defendant was sentenced to two years and six months of imprisonment for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) in the Daejeon District Court’s Support on December 5, 2012, and completed the enforcement of a detention house in the Chungcheong House on March 13, 2015.

1. On September 17, 2015, the Defendant interfered with the performance of special public duties, at the house of E (the age of 81), a person in the second degree of the D Mart located in Nam-gu, Nam-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-nam Police Station, in order to take a defective bath to confirm the circumstances of the instant case, the Defendant took an action, brought a kitchen knife, brought a kitchen knife, which is a dangerous object in the kitchen, and brought down a death, and threatened the above police officer with the above police officer, and interfered with the legitimate performance of duties by carrying a dangerous object, such as assaulting him/her and walking knee and kneeing.

2. On September 17, 2015, the Defendant, in response to the demand of the victim E to avoid disturbance, such as assaulting E at around 17:30 on September 17, 2015, and at the place specified in the preceding paragraph, and thus, the Defendant, upon reporting by the victim at around 18:30 on the same day, did not comply with the demand of the victim to leave the ward until the police officer is dispatched.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of the victim self-act;

1. Articles 144(1), 136(1) (the point of obstructing the performance of special duties), and 319(1) (the point of refusing to withdraw) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes) [the scope of the recommended punishment] The basic area (fe.g., interference with the performance of official duties and coercion of duties) (f.g. from June to one year) of the basic area (f., one year and four months), [f., no person subject to special sentencing] of multiple concurrent crimes: From six months to six months [Ruling of sentence] of the Defendant’s period of repeated crime.

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