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(영문) 대전지방법원 홍성지원 2015.02.04 2014고단655
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for six 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

On June 9, 2014, at around 20:31, the Defendant: (a) took a bath to “C” restaurant located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and received 112 reports, and was asked questions about the Defendant’s personal information from the police officer belonging to the D Zone of the Budget Police Station, which called “I am knee, knee, knee, knee, kel, this knee, knee, knee, knee, knee, kne, kne, kne, kne, kne, kne, knee, kne, kne, kne, and knee, the Defendant pushed the Defendant’s chest and the left side of the 119 first-aid vehicle.

As a result, the defendant interfered with the legitimate execution of duties of police officers on criminal investigation and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs, parts, etc.;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order [the scope of punishment by law] 1 to 5 years [the scope of punishment by sentencing guidelines] : The types of crimes of obstruction of the performance of official duties, obstruction of performance of official duties, and the range of recommended sentences where the degree of assault and threat is minor (reduction elements): the area of mitigation of punishment, imprisonment with prison labor for not less than one month and not more than eight months (the decision of sentence] 6 months, suspension of execution 2 years violence, and obstruction of performance of official duties for the second time, and assault of police officers in charge of maintaining public order has no choice but to affect the maintenance of public peace and order. Thus, the defendant's quality is poor.

On the other hand, the defendant is against all the crime of this case, and the degree of violence is relatively minor, and the circumstances of the crime are examined to the extent that he will not memory.

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