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(영문) 창원지방법원 진주지원 2019.07.10 2019고단419

특수폭행등

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 became final and conclusive.

Reasons

Punishment of the crime

1. A special assault Defendant: (a) around 05:40 on January 15, 2019, while drinking alcohol at “C” located in Jinju-si B, the victim D (Inn, 58 years of age) who was drinking alcoholic beverages on the side tables and the victim was fluenced, the Defendant expressed the victim’s desire to “Chaker” and collected two main disease, which is a dangerous object on the table, and got the face of the victim.

In this respect, the victim was abused by carrying dangerous objects.

2. At the time and place of Paragraph 1, the Defendant committed assaulting D, such as Paragraph 1, and attempted to keep the police officers belonging to the Jinju Police Station E District, who received 112 reports, and tried to take a bath to D while continuing to appear in the site, and intending to remove the F from the said F, the Defendant expressed his body as “Cinsia,” “Cinsia, Ninsia, Linsia, Isia, Isia, Is the F’s head by hand.”

Accordingly, it interfered with the legitimate execution of duties of police officers concerning the handling of 112 Reporting Cases.

3. 모욕 피고인은 2019. 1. 15. 06:25경부터 07:25경까지 진주시 G에 있는 E지구대에서 제2항과 같이 공무집행을 방해하여 현행범인으로 체포되어 인치되어 있던 중 ‘C’의 업주 H 및 E지구대소속 경찰관 수명이 있는 자리에서 피해자인 E지구대 소속 순경 I에게 “씨발 새끼야, 개새끼야, 병신 같은 것들, 니 빽이 쎄냐, 나를 우습게 보네”라고 욕설하였다.

Accordingly, the victim was openly insulting.

Summary of Evidence

1. Defendant's legal statement;

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

1. A complaint;

1. Application of Acts and subordinate statutes to field photographs, investigation reports (a detailed statement attached to the processing of reported cases);

1. Relevant Article of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, Article 136 of the Criminal Act, Article 31 of the Criminal Act, the choice of imprisonment with prison labor for the crime

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

1. Article 62 of the Criminal Act: