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(영문) 대구지방법원 2015.11.13 2015고단4480
폭행등
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. On May 16, 2015, the Defendant: (a) 22:40 on May 16, 2015, 2015, when the Defendant was under the influence of alcohol in front of the Daegu Northern-gu, Daegu Northern-gu, and her being on riding a bicycle, and demanded the victim to keep the Defendant’s scam and scambling with the victim C (the age of 17) and without any horses; (b) subsequently, the Defendant took a bath to “this scam,” and assaulted the victim’s scam and hair by using one hand.

2. At around 23:20 on the same day, the Defendant interfered with the performance of official duties by assaulting the police officer’s 112 report mobilization duties on the following grounds: (a) the border E belonging to the Daegu Northern Police Station D Zone D District, which was dispatched after receiving a report from the said C at the place specified in paragraph (1) of the same Article, to return home to the Defendant after confirming the facts; and (b) the Defendant in his hand interfered with the police officer’s legitimate performance of duties concerning the police officer’s 112 report mobilization duties.

3. The Defendant damaged an article for public use in the same time and place as described in paragraph 2, and caused a police officer to wear and display an electrical antenna for a vehicle installed at the 112 patrol officer (F, NFnata), who was on board a police officer on the spot for the same reason as described in paragraph 2, at the same time and place as described in paragraph 2.

Accordingly, the Defendant damaged the 99,000 U.S. antenna support unit for vehicles that are used by public offices.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police in relation to E and C;

1. Each description of a written statement, a copy of work log, and a written estimate;

1. Application of Acts and subordinate statutes on images of each photograph;

1. Relevant Article 260(1) of the Criminal Act, the choice of punishment for the crime, Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and the choice of imprisonment, respectively;

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 (The following conditions of sentencing are considered as favorable among the reasons for sentencing).

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