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(영문) 춘천지방법원 강릉지원 2016.06.09 2016고단287
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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 28, 2016, the Defendant assaulted three times on the part of the victim C (55 years) who is a taxi engineer and on the part of the victim’s breast part by hand, etc. on the roads near Suwon-si, Suwon-si, Suwon-si, 2016.

2. On January 29, 2016, at around 00:03, the Defendant: (a) committed assault against the Defendant, such as: (b) the defect in the circumstances belonging to the Suwon Police Station D police station located in the Suwon Police Station, which was dispatched after having received a report of 112, to arrest the Defendant’s daily movement of the Defendant as the current offender; (c) the Defendant’s f, who is the Defendant’s daily movement in the Suwon Police Station, “Cracks the Defendant’s daily movement; and (d) knife the front of the above E, knife the knife of the knife, knife the knife, knife the knife, and knife the chest part of the Defendant’s clothes

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C and E;

1. Relevant Article 136 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of obstructing the performance of official duties) of the choice of criminal facts shall be sentenced to imprisonment with prison labor for the same crime;

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. The scope of the recommended sentence on the sentencing guidelines that no damage has been recovered due to violent crimes on the grounds of sentencing under Article 62-2(1) of the Social Service Order Act, and obstructing the performance of public duties (202 and 201) : Six months of imprisonment; one year and eight months [the six months of imprisonment, which is the recommendation and sentence of obstructing the performance of public duties; one year and four months (one year and four years of interference with the performance of public duties; one year and four months (one year and four years of interference with the performance of public duties; the basic area); and eight months of imprisonment, which is the recommendation and sentence of concurrent assault (the same shall apply to crimes of violence, assault, one type, and the mitigated area)];

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