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(영문) 전주지방법원 2019.08.07 2019고단613
특수폭행등
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On April 9, 2019, the Defendant: (a) around 14:30 on April 14, 2019, at Kim Jong-si, left an empty small-scale disease, which is a dangerous object on his/her customer, without any reason, under the influence of alcohol, was released to the victim D (year 42); and (b) faced the left side of the victim’s left side.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. At around 14:50 on April 9, 2019, the Defendant committed an assault against the Defendant, such as: (a) around 14:50, at the above C; (b) there was a defect that F in the circumstances belonging to the Kim Jong-gu Police Station E District of the Kim Jong-gu Police Station, sent out after receiving the report of 112 regarding the assault described in paragraph (1), intends to hear the Defendant’s statement; and (c) he expressed the above F that “I am this dog, sembling, sembling, sembling, one time, and one time thereafter, I am the F’s part on the back-hand side.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D or F;

1. Application of the F of the Acts and subordinate statutes to the parts of his f who are assaulted by the State, and the photographic disease of the State;

1. Relevant provisions of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 crime (Special Violence Decision) (Special Violence / [Determination of Punishment] Violence / [Type 6] No repeated crime, special Violence (Special / Special /Special / (Special / Recommendation field and Recommendation / Scope of Recommendation)] basic area, imprisonment with prison labor for up to April 10 months;

B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties).

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