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(영문) 대전지방법원 2016.01.07 2015고단2778
폭행등
Text

A defendant shall be punished by imprisonment for six 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.

Reasons

Punishment of the crime

1. On June 27, 2015, the Defendant: (a) considered that the victim D (son, 64 years old) located in Daejeon Jung-gu, Daejeon (Seoul) demanded payment of the victim’s credit due to the defect that the victim would have paid the victim’s credit due; and (b) assaulted the victim’s part of the victim’s credit due to drinking.

2. The Defendant damaged property at the time, time, and place described in paragraph 1, as described in paragraph 1, and damaged an unclaimed Nowon-gu computer at the market price of the victim D, which was located on the seat of the Kabter, by cutting it down on the floor, and by cutting down the inside of the victim’s ownership and destroying it.

3. On June 27, 2015, the Defendant interfered with the performance of official duties, as indicated in Articles 1 and 2, around 02:45, who was arrested in the act of interference with the performance of official duties and assaulted on one occasion the face of the above H on one occasion in the process of transporting the Defendant to the scene after receiving a report of 112, G and H, a police officer belonging to the police station F District of the Daejeon District Police Station of Daejeon, who was called to the scene, in order to investigate the circumstances of the instant case and to request the presentation of identification. The Defendant 3 times the duplicate part of the said G on three occasions, and once the face of the said G on one occasion.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. A complaint;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 260 (1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act (the point of damage to property) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the period of suspended sentence is one time (200 years), the same kind of fine (200 years), the two times a fine for the same type of fine, the two times a reflective act, the contingent act, the age and economic situation of the defendant's family relationship, and other relevant factors;

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