beta
(영문) 부산지방법원 2017.12.18 2017고단5326

폭행등

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 became final and conclusive.

Reasons

Punishment of the crime

1. On September 28, 2017, at around 00:57, the Defendant: (a) expressed that the victim E (35 years of age) who operated a passenger vehicle at his own behind the singing room located in the Busan Young-gu, Busan, would have a hornd about one time to sound the horn, and the Defendant would have "Iee Ie Ie Ie Ie Ie Ie I"; (b) moved to another place and entered one in a parking lot in the Gel located in the Busan Young-gu, Busan, Young-gu F.

One time of the victim's face.

Accordingly, the defendant assaulted the victim.

2. On September 28, 2017, around 01:45, the Defendant: (a) arrested a flagrant offender on the ground of the foregoing act; (b) took care of the victim under investigation on the first floor of the Busan Young-do Police Station I box located in the Busan Young-do Police Station in the Busan Young-gu; and (c) snickly took the victim’s desire to take care of the defect that the police officer of the Busan Young-do Police Station I box, who belongs to the Busan Young-do Police Station I box, would have the victim take care of the defect that he would make the victim correct; and (d) the Defendant, in both hands, was faced with the police officer

On the same day, the Defendant continued to hand over the Defendant from the patrol vehicle front of the same patrol vehicle to the Yeongdeungpodo Police Station on the same day. On the ground that the Defendant was posted to the patrol vehicle, and the Defendant was sent to the Defendant’s head of the Busan Yongdo Police Station, on the ground that the Defendant was sent to the patrol vehicle at one time.

As a result, the defendant interfered with the police officer's duty of investigating victims and the police officer K's duty of carrying a suspect, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes of each police statement protocol to E, J and K;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act (the point of interference with the execution of official duties) of the relevant criminal facts;

2. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty).

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that there are several records of punishment for the crime of the same kind) is unfavorable circumstances, or assault.