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(영문) 의정부지방법원 2020.04.13 2019고단5541
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On November 24, 2019, the Defendant assaulted the victim C’s head at one time with the hand floor where the victim B(19 years of age) and C(19 years of age) were seated in a bus stop and were able to smoke, at the bus stops prior to the center of Macheon-si, Macheon-si, Macheon-si, 22:35, on the ground that the victim B (19 years of age) and C (19 years of age) were seated in a bus stop, and used the victim C head at one time, and the victim B head at one time.

2. On the same day, at around 22:53 on the same day as the above paragraph (1) and 22:53, the Defendant: (a) obstructed the performance of official duties, at the Gancheon Police Station E box located in Sincheon-si, Macheon-si; (b) obstructed the Defendant’s dissatisfactions that he was arrested as a flagrant offender of the crime of assault by G, the police box affiliated with the 112 notification and the police box belonging to the Gancheon-gun Police Station E box; and (c) attempted to have the police box “we w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and C;

1. Each police statement of H and G;

1. Investigation report (Attachment of On-site CCTV images);

1. Application of CD 1 statute

1. Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

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 of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

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

A. First Crimes (Obstruction of Performance of Official Duties) (Determination of Punishment).

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