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(영문) 수원지방법원 2015.11.19 2015고단3945
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 12, 205:50 on August 12, 2015, the Defendant: “D” operated by the victim C (the victim C (the victim of 47 years of age) who is himself/herself and his/her spouse in Suwon-si B; on the ground that the victim was not scarfly reported, the Defendant collected a dangerous object, such as misunderstanding and table, and committed assault against the victim.

2. The Defendant interfered with the performance of official duties by assaulting and threatening the police officer’s chests, such as the date, time, place, and the manner described in paragraph (1) and the manner described in paragraph (1), when 112 reported and dispatched from F by the police officer F of the Suwon Police Station Estation affiliated with the Suwon East Police Station Escoping Police Station, and committing assault and intimidation, such as “a sprinking, sprinking, and sprinking”, and threatening the police officer’s chests to be pushed down and drinking, thereby obstructing the police officer’s legitimate execution of duties concerning the prevention and suppression of

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of the Acts and subordinate statutes concerning records of photographs taken on the spot;

1. Relevant Article 136(1) of the Criminal Act, Article 261 of the Criminal Act, and Article 136 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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;

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

1. The range of final sentence based on the aggravated punishment in cases where the degree of violence, intimidation, and deceptive scheme is minor, the range of punishment according to the aggravated punishment for the crimes of assaulting special violence [the range of recommending punishment] Type 6 (Habitual, Cumulative Offense, Habitual Assaults, Habitual Assaults. Special Violence) [the scope of recommending punishment] and the area of mitigation (1-8 months) (the scope of recommending punishment] of the area of obstruction of performance of official duties (the scope of special mitigation) [the scope of punishment] of the mitigated area (one month to eight months), which is minor: April 16 months;

2. In addition to the circumstances presented as a special mitigation of sentence, the fact that the accused reflects on the sentence, and many criminal records (including five criminal records of suspended sentence).

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