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(영문) 대전지방법원 2017.06.28 2017고단1460
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 22, 2016, the Defendant was sentenced to eight months of imprisonment by the Daejeon District Court for interference with the execution of official duties, etc., and completed the execution of the sentence in the branch office of the Daejeon District Court on February 6, 2017.

Criminal facts

1. A special assault: (a) around 07:30 on April 10, 2017, at the victim’s residence located in the apartment complex E in Sejong-si on the following grounds: (b) on the ground that the defendant and the above C, while drinking together with the victim C and C, were bread while drinking together with the victim, they were breading with the victim on the ground that they were breading with the defendant and the above C, while drinking together with the victim, they were frighting to the victim; (c) on the other hand, the victim was faced with the dangerous object, and (d) the victim continued to have been frighted with the victim, which is a dangerous object in the main room (the total length of 20cm and 10ccm per day).

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant interfered with the performance of official duties at around 08:04, Apr. 10, 2017: (a) around 08:04; and (b) at around 112, the Defendant intending to see himself by using a knife and knife the items in the house; (c) asked the personal information of G police officers (36 years of age) assigned to a police box of the Sejong Police Station F in receipt of a report from 112 and H (48 years of age) of these personal information; and (d) spits off the face of the above police officer at one time due to his hand; and (d) spit it into the face of the said police officer H continuously adjacent to the police officer. Accordingly, the Defendant interfered with legitimate performance of duties concerning the prevention, suppression, investigation, etc. of a police officer’s crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the witness D;

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

1. Seizure records;

1. Photographs of seized articles;

1. Investigation report (in cases of attaching photographs, etc.);

1. A statement of investigation reports (Attachment to the table for handling cases reported 112), and the list of cases reported 112;

1. Previous conviction: Application of an inquiry letter, such as criminal history, personal confinement status, investigation report (report on confirmation of the records of the same kind of crime as the suspect), judgment text, and summary order;

1. Articles 261, 260 (1) (a point of special assault) and 260 of the Criminal Act concerning the facts constituting an offense, respectively.

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