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(영문) 인천지방법원 2017.07.12 2017고단3405

폭행등

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against each of the assaults is dismissed.

Reasons

Punishment of the crime

On May 11, 2017, the Defendant: (a) arrested a flagrant offender on suspicion of assault, and moved to a police station on the back seat of the patrol vehicle moving to the police station without any justifiable reason, and (b) assaulted the police officer D (29 years old) belonging to the Incheon Samsan Police Station C wishing to stand on the left-hand side of the police station, such as “a sprinking sprink, sprinking, and sprinking D’s hair.” (c) by hand, the Defendant committed assault by assaulting the police officer D (29 years old).

Accordingly, the defendant interfered with legitimate execution of duties concerning the control of crime such as arrest of police officers in the act of crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. The grounds for sentencing under Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act for criminal facts [the scope of recommending punishment] [the scope of recommending punishment] [the grounds for sentencing specified in the trial process of the instant case, including the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, etc., shall be determined by taking into account the following circumstances:

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

D. Unfavorable circumstances: The defendant committed the crime of this case without being involved in the probation period.

There is a history of punishment for the same kind of crime.

Rejection of Public Prosecution

1. Summary of the facts charged

A. On May 11, 2017, the Defendant committed assault against the victim E (30) on the part of the victim, i.e., by drinking in front of the “F in Bupyeong-gu Incheon, Incheon, and without any reason, by drinking in front of the “F,” and destroying the victim’s breath to the bottom by pushing the victim.

B. On May 11, 2017, the Defendant assaulted the Victim G (23) against the Defendant: (a) 04:40 on May 11, 201, 201; (b) was drunk in front of the Bupyeong-gu Incheon Bupyeong-gu, Incheon; and (c) was fluencing the Victim’s chest on three occasions by driving the Victim who was walking on a route without any justifiable reason; and (d) was blucing the Victim’s chest.