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(영문) 인천지방법원 부천지원 2017.06.09 2017고단506
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 March 1, 2017, around 00:33, the Defendant: (a) was a victim C (68 tax) who is an acting engineer at the front of B, 2017, and was in time of the occurrence of this contact; and (b) was assaulted twice the victim’s face by bombing flaps and flaps.

2. The Defendant interfered with the performance of official duties, at the time, place specified in the above paragraph (1) and at the time and place, reported by 112 the fact that there was a trial expense related to the destruction of a substitute engineer and a vehicle, and prevented the Defendant from exercising violence against the said C and driving under the influence of alcohol. The Defendant, by hand, took the face of the said policeman at one time and took once a week on the part of the said policeman.

Accordingly, the defendant interfered with the legitimate execution of public duties concerning the maintenance of public peace and order of the above police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to C and E;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to the contents of the report in 112;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Class 2 Crimes (Assaults) (Extent of recommended punishment) and No. 1 Crimes (General Assaults) are the basic sphere (two months to ten months) (no person who is subject to special sentencing).

2. The scope of final sentence due to the aggravation of multiple offenses: From six months to one year;

3. Circumstances unfavorable to the determination of sentence: The crimes are not good, the victims are not agreed to, and the records of punishment for the same kind of crime are more favorable: The recognition of and reflects on the crimes, and the victim C is the defendant.

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