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(영문) 수원지방법원 평택지원 2020.01.17 2019고단1242

폭행등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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. At around 03:05 on the same day, the Defendant: (a) received a report at the place specified in paragraph (1); (b) received a request from the Defendant to inform the Defendant of the Defendant’s personal information regarding the instant assault case; (c) refused to comply with such request; and (d) made a public insult of the victim by the Defendant using a large voice “weet and dys dys dys dys dys hys hys,” and “sys hys hy

2. The Defendant attempted to damage public property on the same day, at around 03:25 on the same day, arrested as the above assault case, and boarded the back seat of the patrol vehicle No. 21 and moved to the B, the Defendant attempted to damage the public property by walking the cryle board installed inside the patrol vehicle with a view to generating the partitions.

3. At around 03:45 on the same day, the Defendant dumpeded the suspect’s seat at the B zone located in Pyeongtaek-si, and 112 of the 112 Report Case, the Defendant dumpeded the Defendant e, who was a police officer belonging to Pyeongtaek-si Police Station B zone, who was trying to take measures to invalid the parties to the 112 Report Case, and she spited the face one time to the right side.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C Complaints;

1. Application of the Acts and subordinate statutes to photographs related to the case, 112 reported case processing slips, related photographs, and other closure photographs;

1. Relevant Article 311 of the Criminal Act, the choice of punishment for the crime, Articles 143 and 141 (1) of the Criminal Act (the point of attempted damage to public goods), Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the police officer called out after receiving a report under the influence of alcohol will take a bath.