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(영문) 대구지방법원 서부지원 2018.11.28 2018고단842

특수폭행등

Text

A defendant shall be punished by imprisonment for 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 March 9, 2018, the Defendant assaulted the victim by having the beer’s illness, which is a dangerous object, taken on the victim’s face face at “C” singing room in Daegu-gu, Seo-gu, Daegu-gu, about 01:10.

2. On March 9, 2018, the Defendant interfered with the performance of official duties at the places indicated in paragraph (1) around 01:33, as seen above, obstructed legitimate performance of duties concerning the prevention and suppression of the above FF’s crime, by putting francing the ebbbbb, and breaking francing the eb, which was called upon upon receipt of a report, from the slope F (48 years old) belonging to the Daegu Seo-gu Police Station Epic, Daegu, which was called up.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G or H;

1. Each police statement made to D, F, and I;

1. Investigation report (limited to the place of service and the attachment of a copy of a public official's certificate);

1. Application of Acts and subordinate statutes, such as site and photographs of damage;

1. Relevant Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act concerning the facts constituting an offense, Article 136(1) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of imprisonment, respectively;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is the factor for sentencing that is disadvantageous to the defendant in that the defendant was committed against the victim and caused the instant case, the defendant was faced with beer disease, which is a dangerous object, and the defendant was obstructed by exercising violence against the police in the course of performing official duties.

On the other hand, the fact that the defendant led to the confession of the crime of this case and is divided, that both persons related to the crime of this case are dead and agreed with each other, that the damage caused by the crime of this case is relatively minor, and that the defendant has no other criminal records except for the punishment of a fine once for the crime of this case.