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(영문) 대전지방법원 천안지원 2020.02.21 2019고단3315
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On January 26, 2017, the Defendant was sentenced to a suspended sentence of five months for the crime of causing property damage at Daejeon District Court. On May 18, 2017, the Defendant was sentenced to six months of imprisonment with prison labor from the Daejeon District Court’s Incheon District Court’s Branch for the crime of interference with business, etc. on May 26, 2017, and the said judgment became final and conclusive on May 26, 2017, and the said suspended sentence was terminated on November 15, 2017.

On June 21, 2018, the Defendant was sentenced to four months of imprisonment with prison labor for interference with business, etc. in the Daejeon District Court’s Incheon District Court’s Branch, and completed the execution of the sentence on July 30, 2018. On October 17, 2019, the Daejeon District Court sentenced five months of imprisonment with prison labor for obstruction of performance of official duties, and completed the execution of the sentence in the area of origin of the Daejeon District Court’s Daejeon District Court on November 23, 2019.

【Criminal Facts】

1. At around 20:20 on December 8, 2019, the Defendant assaulted the face of E on one occasion on the hand, who was requested to return home from E, who was dispatched to the site after receiving a report of assault in front of the “C Game Center” located in Seo-gu, Seoan-gu, Seocheon-si, Seocheon-si, Seocheon-gu, Seocheon-gu, Seocheon-gu, the D District Police Station D, who called for the scene

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

2. The Defendant damaged property by making the victim E face one time to verify the Defendant’s identity at the time, time, and place described in paragraph (1) so that the cell phone owned by the victim can be broken off on the floor, while the cell phone owned by the victim was cut off.

Accordingly, the defendant damaged the mobile phone on the market value of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Image photographs and photographs of CCTV for committing an obstruction of the performance of official duties;

1. Previous records: Criminal records, investigation reports (former records), court rulings, and application of Acts and subordinate statutes as a result of the search of prisoners;

1. Relevant Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) for criminal facts.

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