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(영문) 인천지방법원 2015.03.26 2015고단799
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 10:20 on November 16, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) committed a threat to the body of the injured party E (the age of 45) who was a customer under his/her control, leading the said employee to a late delay in time on the ground that he/she was well aware of the employee’s food value calculation duty at the D cafeteria Station located in Nam-gu Incheon Metropolitan City “D” restaurant accounting room, Nam-gu, Incheon. In that sense, the victim E (the age of 45) was able to assist the said employee, and the time was delayed, and the victim was able to break away from the body, which was a dangerous object on the table, and then went away from the upper body, and expressed the name of the body and body of the injured party.

2. The Defendant, at the above date and place of the obstruction of performance of official duties, was the police officer G, a police officer belonging to the F District of the Incheon Southern Police Station, who was dispatched after receiving a report of 112, and the Defendant prevented the Defendant, and the Defendant, by hand, took the body of the said G, was pushed down with the body of the said G and received twice the chest due to his hair, and continued to put the said H on one occasion under the elbow.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of G and H;

1. A written statement of E and I;

1. Application of CCTV-cape Acts and subordinate statutes;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 283 (1) and 136 (1) of the Criminal Act concerning the punishment of crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Class 1 of Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is a second crime for the reason of sentencing [the decision of a sentence] under Article 53 and Article 55(1)3 of the Criminal Act. The type of assault crime [the range of recommending punishment] 6 months from June to 110 [the range of recommending punishment] 6 months to 10 months [the general person] - the element of mitigation (the person in question is responsible).

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