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(영문) 인천지방법원 2017.11.03 2017고단839
폭행등
Text

A defendant shall be punished by imprisonment for six 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

The defendant had weak ability to discern things or make decisions due to chronic early illness.

1. On January 17, 2017, at around 17:23, the Defendant assaulted the victim’s face one time by taking the victim’s speech that he would not sell a mobile phone from the damaged person, at the “E” mobile phone store operated by the victim D (30 years of age) in Nam-gu Incheon Metropolitan City.

2. The Defendant interfered with the performance of official duties, on January 17, 2017, suffered assault and injury before the “E” cellphone store as stated in paragraph (1) around around 17:32, 2017.

“Pursuant to the report of 112, police officers G and police officers belonging to the Seoul Southern Police Station F District of the Incheon Southern Police Station who were dispatched to the site after receiving the report of 112, the face of the above H was taken once at one time, and the face of the above H was taken at two times at two times due to the head, and the above H’s mouth was assaulted at one time by walking the part.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H (victim);

1. A written statement of D;

1. Each investigation report (on-site search and investigation, temporary re-specific for crimes, weather expenses, and analysis of video images, including on-site conditions, etc.);

1. The 112 reported case processing table, damaged photographs, sp-sphof images, smartphone images closure photographs;

1. Application of Acts and subordinate statutes to reports on appraisal results;

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. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The sentencing guidelines shall be recommended;

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