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(영문) 대구지방법원 2016.04.28 2016고단739
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On October 6, 2015, at around 03:15, the Defendant assaulted the victim D (32 years) who is another customer of the foregoing drinking house to fright the breath of the breath of the breath of the breath of around 03:15, the Defendant used the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the b

2. The Defendant, at around 03:30 on October 6, 2015, insulting the Defendant: “A bitch bitch bitch bitch bitch,” among several persons, such as assault case D, among the police boxes affiliated with the police box E box of the Gyeongsan Police Station, which sent to the scene after receiving a report of 112 regarding the above assault at the place indicated in paragraph (1) of the same Article;

Before the dwarf is inside the dwarf, the fluor fluor, “,” fluor, fluor, of a person’s fluort.

C The impule expressed “the victim publicly insulting” and publicly insulting the victim.

3. At the time and place specified in paragraph 2, the Defendant interfered with the police officer’s legitimate execution of duties concerning the notification and dispatch of report 112 on one occasion by setting up against the defect that the said slope F was trying to arrest the Defendant as an offender, such as an insult, and thereby obstructing the police officer’s lawful execution of duties concerning the notification and dispatch of report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A complaint;

1. The application of Acts and subordinate statutes to report the occurrence of a case subject to an injury and report on internal investigation (the photographing of damaged parts);

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 311 of the Criminal Act (the point of insult), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor, respectively;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are the crimes of Category 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation), Article 62(1) of the Criminal Act, and Article 62(1) (Scope of Recommendation), Article 1 (Obstruction of Execution of Official Duties) (Obstruction of Performance of Official Duties) and Article 62(1) (In the event the degree of violence, intimidation, and deceptive scheme is minor, the crimes of Category 2 (Assault of Violence) (Scope of Recommendation) are minor.

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