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(영문) 대구지방법원 2016.04.12 2015고단6262
폭행등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence 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 November 23, 2015, the Defendant assaulted the victim’s chest on one occasion due to the fact that the victim D (48 years old) who was a substitute driver who was driving the Defendant’s vehicle in front of the Da Ba in Daegu Northern-gu, Daegu-gu, Daegu-gu, 2015, found the Defendant’s office wrong, and assaulted the victim’s face twice due to his finger.

2. On November 23, 2015, around 20:25, at the same place as the above paragraph (1) above, the Defendant assaulted the Defendant at five times the chest part of the above F on the ground that he did not immediately check the Defendant’s vehicle even though he requested the Inspector F of the Seoul Northern Police Station E District, who was called out after having received the said D-12 report, to check the black booms installed on the Defendant’s vehicle.

Accordingly, the suspect interfered with the legitimate execution of duties of the police officer on the handling of the 112 reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of Acts and subordinate statutes to the area where he/she works in the earth and a copy of a public official certificate;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

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

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

1. Scope of the recommended punishment according to the sentencing guidelines - No. 1 [Scope of the recommended punishment] - No. 1 (Obstruction of the Performance of Official Duties) in the basic area (six months to one year and four months) of the type (Obstruction of the Performance of Official Duties) of the 1st category (Interference with the Execution of Official Duties) [No person subject to special sentencing] - The scope of the final sentence due to the aggravation of multiple offenses for which there are no person subject to special sentencing [the scope of the recommended punishment] in the basic area (two months to ten months) of the 1st type of assault (Assaults] in the basic area (including violence) of the 2nd type of the 1st type of assault (Assault)

2. Consideration - Consideration - Consideration - Unfavorable circumstances: Eight times, including four times before and after fines due to interference with the performance of official duties and violence.

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