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(영문) 부산지방법원 2020.06.10 2020고단983
폭행등
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. Around 20:10 on February 18, 2020, the Defendant assaulted, without any reason, the victim B (the age of 11) who was under the influence of alcohol in front of an apartment apartment located in the Busan Jin-gu, Busan, on the face of a bridge, such as cutting off the left side of the victim B (the age of 11) and drinking the breast.

2. On February 18, 2020, the Defendant committed a crime such as the obstruction of performance of official duties on February 18, 2020, the police officers belonging to the C District District and the C District located in Busan Jin-gu, which were called for the crime such as the above paragraph (1) and continued to walk in the district without returning home to the district for the reason that it is difficult to conduct an investigation due to alcohol.

Therefore, as police officers, E recommended the Defendant to go home in front of the said global belt, they assaulted, such as her son, her son, and her son’s son’s son’s son’s son’s son’s son’s son, and her son’s son’s son’s son’s son’s son’s son’

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to global guard service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

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

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

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

(a) Group 1 crime (determination of types of violence) (Article 1) and general assault [Class 1] (Special Aggravation of Punishment): Aggravating factors: Victims vulnerable to the crime (recommended area and recommendation range), aggravated area of punishment, April through January 16 months of imprisonment;

B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties). The obstruction of the performance of official duties (Article 1).

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