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(영문) 대구지방법원 2019.05.10 2019고단232
폭행등
Text

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

except that 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. Around 22:50 on December 8, 2018, the Defendant assaulted the victim, i.e., the victim B (Nam, 60 years of age) who was an acting engineer without any particular reason on the roads near the Guamb, Daegu-si, Chungcheongnam-gu, Daegu-si, and, under the influence of alcohol, brea the head of the victim B (ma, 60 years of age).

2. The Defendant, at the above date, at the same time and place, obstructed the police officer’s legitimate execution of duties concerning the handling of 112 reported reports by the Defendant, who was sent to the site after receiving a report of 112 that the Defendant would take a trial expense, and was able to verify the circumstances of the instant case by the police officer belonging to the Daegu Gangseobuk Police Station C District, who was called to the site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and D;

1. Application of Acts and subordinate statutes on the public official card and work place;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to one year (the maximum of crimes No. 2).

3. The following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

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