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(영문) 창원지방법원 마산지원 2018.08.10 2018고단532
폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

around 23:50 on April 27, 2018, the Defendant: (a) received 112 report and received a request for voluntary accompanying from C to the police station B police box belonging to the Mapo-gu Police Station B police station in Musan who called out after receiving the report; and (b) followed the Defendant’s request for voluntary accompanying to the police station B police box belonging to the said police station in Musan-gu, Masan-si; and (c) called the B police box of Musan-gu, Masan-si.

On April 28, 2018, at around 00:01, the Defendant: (a) stated that “I am h.” in the instant police box; (b) stated “I am h.,” and tried to enter into the protocol that D and E stated the details of the damage; and (c) took the face of C one time, who was under the control of C.

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, E, or C;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime, and the choice of imprisonment;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act (Confession, reflectment, and agreement) of the suspended sentence has the record of violent crimes against the defendant, the following facts are considered: (a) recognition of and reflects on the instant crime; (b) agreement with the victimized police officer was reached; (c) there was no record of punishment exceeding the fine; and (d) the Defendant’s age, family relationship, and the circumstances

Rejection of Public Prosecution

1. Around April 27, 2018, the Defendant tried to take a part of the victim E in the victim’s face from the victim D (35 tax) who is not aware of the fact that he/she smokes on the street in front of “I” located in Changwon-si, Changwon-si, Changwon-si, Masan, on the ground that he/she smokess tobacco on the street, at the victim D (35 tax). The Defendant attempted to take part in the victim’s face from the victim E (35 years of age) to take part in the victim’s friendly arrest and take part in the victim’s E (35 years of age) once.

Accordingly, the defendant assaulted victims respectively.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act, and are clearly expressed by the victim in accordance with Article 260(3) of the Criminal Act.

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