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(영문) 청주지방법원 충주지원 2016.06.10 2016고단137
폭행등
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 12, 2016, the Defendant: (a) committed assault in C, located in Chungcheongnam-gun B, Chungcheongnam-gun, Chungcheongbuk-gun on January 16, 2016; (b) expressed that the Defendant would be demanded from the victim D (38 years of age) to supply drinking water; and (c) assaulted the victim’s face by taking the victim’s hand at one time.

2. Interference with performing public duties;

A. On January 12, 2016, around 16:35, the Defendant committed the crime in C, at around 16:35, and at the place indicated in paragraph (1); E of the voice police station affiliated with the voice station that received and dispatched 112 reports; and he was given questions about personal matters from the horse F, “I am friend h. h. bit of bitch,” and the Defendant took the bath of “I am F’s face” at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in relation to the handling of 112 reports.

B. The Defendant, at the voice police station around January 12, 2016, was involved in the crime in the voice police station and the H team office located in Chungcheongbuk-gun G around 18:30 on January 12, 2016, resulting in a shock.

’ 는 지시를 받자 화가 나 왼발로 I의 왼쪽 다리 부위를 1회 걷어찼다.

As a result, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to I, E, D, and F;

1. Application of each investigation report, each photograph, each video CD-related statute;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) concerning criminal facts, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) interference with the performance of official duties [the type of determination] basic area of interference with the performance of official duties, interference with the performance of official duties, and Type 1 (Interference with the performance of official duties and coercion of duties] (no person subject to special sentencing] (the scope of decision and balancing of recommendations).

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