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(영문) 춘천지방법원 속초지원 2019.02.13 2018고단258

폭행등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 10, 2018, the Defendant: (a) 19:30 on July 10, 2018, the Defendant: (b) fluenched the table table of the victim D (the age of 46) that did not have any fluence due to alcohol, and (c) fluenced the victim with a view to brushing the costs to the victim; and (d) fluenced the victim on one occasion with his/her hand.

2. 공무집행방해 피고인은 2018. 7. 10. 20:15경 제1항 기재와 같은 일시, 장소에서, 112신고를 받고 E지구대 소속 경위 F 등 경찰관 2명이 현장에 출동하여 현장상황을 확인하던 중 피고인이 계속하여 피해자에게 욕설을 하며 다가가려고 할 때 위 경위 F가 피고인의 팔을 잡으며 제지하자 “놔!”라고 하면서 오른손으로 경위 F의 왼쪽 팔뚝을 2회 내리치고, 그 후 경찰관들에 의해 현행범 체포된 이후 순찰차량으로 이동하는 과정에서 발로 경위 F의 왼쪽 정강이를 걷어차 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared D and F;

1. A report on internal investigation:

1. Application of related Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act in the suspension of execution include the fact that the defendant recognized his mistake and reflects his mistake, that the degree of damage is not severe, that the defendant has the same kind of power and did not agree with the victims, and other conditions of sentencing such as the defendant's age, character and conduct, environment, circumstances of the crime, means and consequence, etc., shall be determined as ordered by the sentence in consideration of