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(영문) 광주지방법원 2016.06.23 2015고단4405 (1)
폭행
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On June 26, 2015, at around 23:05, the Defendant: (a) driven under the influence of alcohol by a police officer I, who belongs to the said H District, in the course of being arrested in a flagrant act and waiting for an investigation in the H District located in Gwangju Northern-gu, as the Defendant: (b) was fluencing the victim F with a desire to take a fluor; and (c) was under the influence of alcohol, such as drinking in I from the police officer I, belonging to the said H District; (d) was fluencing in the face; and (e) was fluencing sexual intercourse; and (e) was fluencing.

There are reasonable grounds to see the same day, 23:44 on the same day, 23:54 on the same day, 00:05 on the following day, and 3:05 on the same day, which were requested to comply with the measurement of drinking by inserting the measuring instruments on three occasions, but the police officer did not comply with the request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the driver who takes charge;

1. Application of Acts and subordinate statutes to on-site evidence, photographs (Refusal of measurement and photographs of on-site vehicles);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In light of the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., the punishment as ordered shall be determined in light of all of the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., in the major normal relationship, which is deemed based on the reasons for

The defendant has already been punished twice due to drinking.

The Defendant, without any justifiable reason, went through a trial in bad faith, such as having been absent several times on the sentencing date.

The favorable circumstances: there is no criminal defendant who is sentenced to a fine or heavier punishment.

Rejection of Public Prosecution

1. On June 26, 2015, the Defendant is at the alleyway adjacent to “D Et” located in Gwangju Northern-gu, Gwangju, around 23:05.

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