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(영문) 인천지방법원 2018.04.12 2017고단9157
폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 9, 2017, at around 01:20, the Defendant: (a) purchased a passenger car parked in front of the Nam-gu Incheon Metropolitan City, without any justifiable reason, from the victim D (23 tax) who is the owner of the said car; (b) was able to obtain a claim from the victim D (23 tax), who was the owner of the said car; (c) was able to boom the victim’s head on his/her hand; (d) was boomed one time with his/her hand; and (d) the victim’s head on his/her hand was frighted with his/her hand.

Accordingly, the defendant assaulted the victim.

2. The Defendant interfered with the performance of official duties, upon receiving a report from 112 on the date and time, at the place, as described in paragraph 1, stating that “the driver was cut off,” and was dispatched to the site, and was asked F to present an identification card from the police officer F, the police officer of the Incheon Southern Police Station E-gu, Incheon, Police Station, to the police officer, who was called to the site, and was able to take a bath at one time due to the finger hand hand, and was f's face on one hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written statement of D;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Crimes No. 1 (Assaults) (Scope of recommendations) and the basic area (no. referring to February to October) (no person subject to special sentencing) of the basic area (no person subject to special sentencing) of the crimes of assault;

2. Class 2 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] Obstruction of Execution of Official Duties is minor (Obstruction of Performance of Official Duties and Compelling of Duties) mitigation area (one month to eight months) / Special Mitigation Persons), assault, intimidation, deceptive scheme, or the degree of interference with official duties.

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