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(영문) 부산지방법원 서부지원 2019.09.05 2018고단2464
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

(e).

Reasons

Punishment of the crime

On November 14, 2018, around 00:59, the Defendant used the 188 B face at the front of the Dog 3 Public Security Center located in 188, Seo-gu, Busan, Seo-gu, Busan, for the reason that the Defendant refused to pay taxi expenses from a taxi driven by B, and prevented B from exceeding his seat from driving on the west. Upon receiving a report on two occasions, the Defendant used the Dog Dog Dog Do to check the facts against the Defendant and B, and used the mobile phone suitable for D's chest without any reason.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Investigation report (for the analysis of black boxes and camping coachess);

1. Application of Acts and subordinate statutes to investigation reports (field situations, etc.);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Scope of punishment by law: Not more than five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, and two years of suspended sentence (unfavorable circumstances) are not sufficient to commit the instant crime by assaulting a police officer dispatched after receiving a report from a taxi driver under the influence of alcohol.

【Ligue circumstances】 The Defendant acknowledges and reflects his criminal act.

The defendant has no power to be punished heavier than a fine.

The damaged police officer does not want the punishment of the defendant.

In addition, various sentencing conditions under Article 51 of the Criminal Act, such as the age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes in this case, and circumstances after the crime, etc.

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