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(영문) 대구지방법원 포항지원 2018.03.15 2017고단1546
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special assault: (a) around November 13, 2017, the Defendant assaulted the victim’s body and body in color (one meter in length) in the victim’s body with a color wing (one meter in length) that is a dangerous and dangerous object on the part of the victim, on the ground that the Defendant’s residence located in the north-gu B building 202 in the north-gu building 18:45, and that the Defendant’s wife C (here, 14 years old) who is his/her father’s father does not enter his/her house.

2. The Defendant interfered with the performance of official duties at the time and place specified in the above paragraph 1, whether the Defendant attempted to verify the damage to C by the slope E belonging to the Port Police Station D police box located in the Port of the Republic of Korea, and the policeman F, who was called out after receiving a report at the place specified in the above paragraph 1, and whether the Defendant attempted to enter the house in which they want to read.

The same bitch bitch bitch shall be Harar.

The term "I am a large sound, and I am a son of E and F.

Accordingly, the Defendant interfered with the legitimate execution 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 with respect to C, E, and F;

1. The application of Acts and subordinate statutes to a criminal investigation report (as to attachment of photographs), investigation report (as to attachment of photographs of damaged parts);

1. Articles 261 and 260 (1) (a point of special assault) of the Criminal Act and Article 136 (1) (a point of obstructing the performance of official duties) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment specified for a crime committed against a person who interferes with the performance of official duties and against a person who committed a crime heavier than that of the former);

1. Selection of each sentence of imprisonment;

1. Punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the aggravation of concurrent crimes (Punishment prescribed for a special crime of which the quality of a crime is heavier);

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

1. The content of each of the crimes of this case committed by the police officers who assault and interfere with the performance of official duties by using dangerous articles against his/her daughters, the age of the reason for sentencing under Article 62-2 of the Criminal Act, and his/her legitimate duties, shall not be shorter in light of the nature of each of the crimes of this case;

However, we recognize and depth his mistake.

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