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(영문) 창원지방법원 통영지원 2014.08.14 2014고단506

폭행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. 폭행 피고인은 2014. 4. 30. 08:10경 경남 고성군 고성읍 교사리에 있는 구 공설운동장 내에서, 지인인 C, D 등과 함께 등교하는 학생들에게 시비를 걸던 중 피해자 E(남, 66세)이 그 장면을 보고 피고인 등에게 훈계한다는 이유로 오른발로 피해자의 오른쪽 허벅지를 1회 걷어찼다.

Accordingly, the defendant assaulted the victim.

2. At around 08:40 on April 30, 2014, the Defendant: (a) obstructed the performance of official duties: (b) obstructed the performance of official duties; (c) obstructed the performance of official duties, around the G District District District G District G District G District located in Gyeongnam-gun, Chungcheongnam-gun; (d) received 112 criminal facts under the foregoing paragraph (1); and (c) voluntarily driven along with H and slope I on the said district; (d) obstructed the said I without any reason, and escaped to the nearby area; and (e) demanded the said H to conceal the Defendant to go out of the debate; and (e) assaulted H one time at the left head of H by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reported duties and arrest of criminals.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a certified copy of a working place);

1. Relevant Article 260(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of violence and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. Crimes of obstruction of the performance of official duties in the judgment of the reasons for sentencing Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] Crimes of Violence in the judgment that there is no basic area (6 months to 1 year and 4 months) (special person] [the scope of Recommendation] of obstruction of the performance of official duties.