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(영문) 수원지방법원 평택지원 2014.11.21 2014고단1502

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 22, 2014, the Defendant: (a) around 22:20 on September 7, 2014, at the place of residence of the victim D (the 74 years old); (b) at the victim D (the 74 years old); (c) at the victim’s her husband E, the victim was prevented from committing assault against the victim’s husband E; and (d) at the wooden bar (the 2.5cm thick, the 75cm in length) the victim’s head was flick; (d) the victim’s head was flicked; and (e) the victim’s head was flicked; and (e) the victim’s head was teared.

2. When the Defendant was arrested in the act of committing an offense from the slope G belonging to the F District District of the Ansan Police Station, which was called out after receiving a report at the time and place indicated in paragraph (1) at the time and place of the performance of official duties, the Defendant used the above G’s gate, etc. once again, and requested him to get off the said G’s gate, etc. once again, after getting aboard the patrol vehicle, and continuously arrived at the F District, and assaulted twice the above H’s vessel twice.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, D, G, and H;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act; Article 136 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for the crime of obstruction of performance of official duties

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, is that the method of committing the instant crime is dangerous, and that the injury suffered by the victim is not