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(영문) 부산지방법원 2018.05.15 2018고단284

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 January 16, 2018, the Defendant confirmed CCTV with the police officer E and F belonging to the Busan Police Station located in the Busan Police Station, which was dispatched after receiving a report from 112 at the Busan Police Station, around 23:19 on January 16, 2018, the Defendant: (a) sent the horses to the above F to the effect that “I dice outside the office” from the manager G and the above F “I dice,” and (b) took the bath to “I dice,” and (c) I dice to the above E, and thereby interfered with the legitimate performance of duties of the police officer in relation to the report of this case.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H and E;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Circumstances unfavorable to a decision on sentence: The part dismissing the prosecution in consideration of all the conditions for sentencing, including the following: The defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, as well as the fact that the defendant was sentenced to a fine of one million won by obstructing the performance of official duties in 197;

1. On January 16, 2018, the summary of the facts charged: (a) around 23:19, the Defendant heard the phrase “D” from the victim H (57 tax) residing in the same floor located in the same floor on the 6th floor located in the Busan-gu Busan-gu Busan-si C, and assaulted the victim’s face at his/her hand when he/she takes a bath to the victim; and (b) he/she led him/herself to a breath and her frotha.

2. This part of the facts charged is determined in accordance with Article 260(3) of the Criminal Act.