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(영문) 울산지방법원 2014.10.02 2014고단1826
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for 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

1. On May 11, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) was unable to open his/her door around 10:10 on May 11, 201, and opened his/her door around 102, 807, a C Apartment 102, and 807, where he/she lives there.

After that, as the security guard, who is the security guard at the place where the fact was contacted, expressed the victim’s desire to “ging, singing, singinging,” which reads the victim’s chests about four times for drinking, and she unloaded the victim’s right arm’s length with the victim’s disease, which is a dangerous object in advance.

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

2. 공무집행방해 피고인은 2014. 5. 11. 10:15경 위 C아파트 102동 7-8호 라인 앞길에서 위와 같은 이유로 신고를 출동한 울산중부경찰서 E지구대 소속 경위 F이 사건 경위를 청취하고자 하였으나 위 경찰관에게 “야, 이 씨발 놈아, 니 지금 뭐하는 짓이고, 씨발 놈아, 니 몇 살인데 지랄이고, 짭새야.”라고 욕설을 하면서 위 F을 향해 주먹을 휘두르고, 발로 위 경찰관의 낭심 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Application of the Acts and subordinate statutes to the photographics of soldiers holding a suspect history;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of violence to carry dangerous articles), Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed for the violation of the Punishment of Violences, etc. which is heavier than the punishment);

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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