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(영문) 부산지방법원 2019.05.29 2018고단3541
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 20:50 on January 18, 2018, the Defendant: (a) committed assault against the victim C (A) in Busan East-gu, Busan-gu, “D” in operation; (b) the Defendant had a credit rating, but did not receive the credit; (c) caused the Defendant to have the victim teared money; and (d) committed assault against the victim by exposing the victim with two arms.

2. 공무집행방해 피고인은 2018. 1. 18. 21:05경 위 1항과 같은 장소에서, 신고를 받고 출동한 부산동래경찰서 E지구대 소속 경찰관 F이 피고인을 폭행 혐의로 현행범 체포하자, ‘씨발 놈아. 기동대 불러라 좆같은 놈들아‘라고 욕설을 하면서 위 F의 멱살을 잡아 흔들고, 발로 위 F의 무릎과 허벅지를 수 회 걷어찼다.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of C’s written laws and regulations

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of imprisonment for a crime

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: One to seven years of imprisonment;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Class 2 crime (determination of types of violence) and violent crime [Type 1] general assault [Special B] mitigation elements: Cases where the degree of assault is minor (type 1, 6, and 7): mitigated area (the scope of recommending area and recommendation range), imprisonment with prison labor for one month to eight months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to one year (the maximum of crimes No. 2).

3. Determination of sentence: The term of reflect;

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