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(영문) 인천지방법원 2017.09.26 2017고단5288
폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 27, 2017, around 15:15, the Defendant assaulted the victim’s face face at hand and on the ground that the victim D(42 tax) expressed the Defendant’s desire.

2. At around 15:30 on the same day, the Defendant: (a) sought to arrest the Defendant as a current offender of the crime of assault after hearing the case from the police officer F and G belonging to the Namdong Police Station E District of Incheon Southern Police Station E District; (b) sought to kill the Defendant as a current offender of the crime of assault; and (c) wanting to kill the Defendant.

A person who receives monthly salary as tax in the Republic of Korea was able to arrest him/her, and she was able to write off his/her clothes on the kne, knee, knee, knee his/her hand, she expressed him/her that he/she was “I am off, I am off, I am out of his/her clothes,” and assaulted him/her, such as the wheels with his/her hand-to-k.

Accordingly, the Defendant assaulted police officers as above, thereby obstructing police officers from performing their legitimate duties on the 112 reporting duties and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each written statement of D, H and I;

1. Photographs of each damaged part;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act (the point of interference with the execution of official duties) of the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. For the reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution, crimes 1 [Scope of the recommended punishment] under Article 62(1) of the Criminal Act, crimes 2 (Obstruction of Performance of Official Duties) without the basic area (two months to ten months) (the person subject to special sentencing) [the scope of the recommended punishment] under Article 62(1) [the scope of the mitigated punishment] under Article 62(1) of the Criminal Act, where the degree of violence, intimidation, deceptive scheme, or obstruction of performance of official duties is minor, due to the aggravation of multiple crimes.

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