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(영문) 울산지방법원 2016.09.22 2016고단2095

폭행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 15, 2016, at the Ulsan-dong Police Station parking lot located in Ulsan-dong, Ulsan-gu, Seoul-do, 4-gil 11, the Defendant: (a) was arrested as an flagrant offender due to the crime of the above 1. Paragraph (1) of the same Article; (b) was placed in the cell of the police station in Ulsan-gu, Ulsan-gu, Seoul-do, to enter the cell of the police station in charge of the crime of the above 1. In order to enter the cell of the police station in Ulsan-gu, Ulsan-do; (c) did not want to go to the cell; and (d) took a serious bath, and caused the Defendant to walk the side glass of the back seat of the 264,000 won of the repair cost of the vehicle.

Accordingly, the defendant damaged the articles used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs and estimates of each damaged article;

1. Article 141 (1) of the Criminal Act, the choice of punishment for a crime under relevant Article 141 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (General Consideration as follows):

1. The summary of the facts charged in this part of the charges on the part of dismissing the prosecution considering the following favorable circumstances: (a) the Defendant, without any justifiable reason, arrested the victim in the act of “finite assault,” a typical “finite assault,” thereby leaving the victim into the sea, and thereby damaging the police glass; (b) the details and contents of the crime are extremely poor; (c) the Defendant has already been engaged in obstructing the performance of the same kind of official duties, including two suspended executions, three times; (d) the Defendant already committed any contingent act under the influence of alcohol; (e) the Defendant was a criminal act under the influence of alcohol; (e) the damage was recovered; and (e) the fact that the damage to the public goods was seriously reflected in this court; and (e) the Defendant, around June 23:20, 201, found the victim under the influence of alcohol at the sea-based freezing warehouse of the same 570-gil-dong, the Defendant was under the influence of the victim at the sea and was under the influence of the victim at the time of the victim at the sea (the victim).

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