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(영문) 인천지방법원 2018.09.03 2018고단4513
폭행등
Text

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

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

Reasons

Punishment of the crime

1. On May 18, 2018, the Defendant damaged the victim E’s market price equivalent to KRW 1.30,000,000, by gathering beer diseases in the air conditioners within “D main points located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.”

2. On May 18, 2018, the Defendant: (a) around 02:41 on the street, “D’s shop located in the Nam-gu Incheon Metropolitan City, wherein customers were suffering from alcohol,” took a separate measure to listen to the circumstances of the instant case by the police officer G belonging to the F District, who was dispatched after receiving a report 112; (b) provided that the Defendant: (c) expressed the desire to be “this son, bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit,” and assaulted G face face by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and G;

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment);

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

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

1. The sentencing guidelines set forth in Category 1 (Obstruction of Performance of Official Duties) [Scope of Recommendation] : The scope of the final sentence due to the increase in multiple crimes where the area of mitigation (1 month to six months), the area of mitigation (including damage, etc.) (1 month to six months), the area of punishment (including serious efforts to recover damage), or considerable damage, has been recovered from the basic area (6 months to one year and six months), the basic area (6 months) of Category 1 (Interference with Special Sentencing) (Interference with Special Sentencing) (Interference with Special Sentencing with Special Sentencing), the scope of the final sentence due to the increase in multiple crimes: six months to nine months;

2. Where a defendant who has rendered a ruling of sentence destroys property because he/she was a beer's disease, and the face of a police officer dispatched shall be deemed to be a food price, and such sentence shall not be minor;

However, a person who causes damage to property shall be punished by the defendant in return for compensation.

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