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(영문) 의정부지방법원 2020.05.15 2019고단5665

폭행등

Text

A defendant shall be punished by imprisonment for not more than ten 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

around 22:15 on October 16, 2019, the Defendant assaulted the victim at one time on the top of the right hand of the victim with the upper part of the head of the victim, while the victim B (year 51) and the taxi fares were in dispute with the middle part of the area in front of the transmission district located in 157 at the center of Dongdu-si, 2019.

[200 Highest 955]

1. On February 13, 2020, the Defendant: (a) destroyed property damage, prior to the “D sales outlet” in the Government-C around 23:39, on the road; (b) destroyed the damage to the victim’s “G Adjustment Co., Ltd. Co., Ltd.” established in the said taxi without any particular reason, by walking an empty vehicle known system owned by the said taxi, to the amount of KRW 88,00,00 for repair costs.

2. Around 00:05 on February 14, 2020, the Defendant: (a) arrested a flagrant offender from the head of the Gyeonggi-do Police Station H District Police Station, which was called the victim after receiving a report of 112 on the same content; (b) arrested the victim from the head of the police station of the Gyeonggi-do Government Police Station, who was called the victim; and (c) assaulted the victim, such as the victim’s head, knife the victim’s head, knife the victim’s right shoulder.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties, and at the same time, damaged the victim's salves that require two weeks medical treatment.

Summary of Evidence

"2019 Highest 5665"

1. Defendant's legal statement;

1. B’s written statement “20 Godan955”;

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. E statements;

1. Application of Acts and subordinate statutes to each damaged photograph, diagnostic certificate, medical records, and estimates;

1. Article 260(1) of the relevant Criminal Act, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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. Probation;