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(영문) 대구지방법원 안동지원 2020.05.19 2019고단699
특수존속폭행등
Text

A defendant shall be punished by imprisonment for six 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. On October 9, 2019, the Defendant: (a) had been talked with the victim’s mother C (here, 52 years of age) at the Defendant’s residence located in the permanent residence B at around 12:10 on October 9, 2019; (b) had the victim’s head and head, ske the victim’s head; (c) had the victim’s head; (d) had the victim’s head, 31cm, which is a dangerous thing in the kitchen; and (e) had the victim’s face. On the other hand, the victim’s head, 52 years of age, and 20cm.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On October 9, 2019, around 13:10 on October 13, 2019, the Defendant engaged in obstruction of performance of official duties: (a) Party E, who was dispatched to the scene after receiving a report of 112 at the above location, attempted to talk with the Defendant; (b) Party E, who himself, sent to the scene, read “the head of these things, sprinks, and sprinks,” thereby putting water into the e-mail.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officials on the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant provisions of the Criminal Act, Articles 261, 260(2) and (1) of the Criminal Act (a point of special violence), Article 136(1) of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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) No. 1 crime (decision of type) (Special Violence) and violent crime (decision of type).

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