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(영문) 창원지방법원 통영지원 2015.09.02 2015고단522

폭행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Around 01:15 on March 26, 2015, the Defendant was urged to return home from a slope E belonging to the D District Unit of the Wodo Police Station, which was dispatched to the site after receiving a report by a guest fright at C convenience stores located in B at a macroscam on March 26, 2015, and the Defendant expressed that “I am scam and scambling, if I am scam,” and that I am am scam on one occasion at his head, who continued to stop from the Defendant’s side, “I am scambling, scam, pushed, scam, scambling, scam.” The Defendant assaulted the Defendant’s right head and scam part with his head, respectively.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention, suppression, and investigation of the above police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. Determination of sentence - Unfavorable circumstances: Crimes of obstruction of performance of official duties are not good;

(k) favorable circumstances: The fact that it appears to be a contingent crime, and reflect on it;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., shall be taken into consideration to determine the Defendant’s punishment, and the community service order is added with reflective and sexual reflection. The dismissed part of the prosecution

1. On March 26, 2015, the Defendant, at around 01:00, got drunk at the convenience store C in the city-si B, and found money from the cash withdrawal at the convenience store, and, on the ground that, on the ground that, in order to cut off the hot water pipe on the part of the facts charged of the assault, the Defendant laid down the hot water machine in his/her hand on his/her hand on the ground that it was turned out.