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(영문) 인천지방법원 부천지원 2015.09.09 2015고단1393
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 7, 2015, the Defendant assaulted the victim B (age 23) in front of a visual tower located in 291 30 Doo-gu, Seocheon-si, Seocheon-si, with the view to 23:45, in front of a visual tower located in 291 Doo-gu, Seocheon-si, without any reason, by taking a bath to the victim B (age 23) and attempting not take the victim from the victim. However, the Defendant dumpeded the victim’s breath by cutting down the breath, and dump with the victim’s left buck.

2. At around 01:10 on June 8, 2015, the Defendant engaged in obstruction of performance of official duties: (a) on the patrol vehicle operating a three-distance front of the Busan High Police Station located in 1104, Seocheon-si, Seocheon-gu, 1104; (b) on the ground that the Defendant did not deflagrant who was arrested as a flagrant offender and transferred to a criminal team of the Busan High Police Station on suspicion of assault, such as the description in the preceding paragraph, and assaulted D’s face face face two times as the Defendant’s head.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the law to record the statement made by the police in B and D;

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

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of two crimes)

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The scope of the recommended crimes No. 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation / [Obstruction of Performance of Official Duties] : The scope of the final sentence due to the aggravation of multiple offenders who have no basic area (6 months to one year and four months), the basic area (6 months to one year) of the obstruction of Performance of Official Duties / [Scope of Recommendation ] / The basic area (2 months to ten months), the basic area (2 months to one year), the basic area (2 months to one year) of the crime of assault / The scope of punishment : 6 months to nine months;

2. Sentence;

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