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(영문) 부산지방법원 2018.05.03 2018고단372
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On December 22, 2017, the Defendant: (a) around 01:40, at the end of the Busan Bank’s annual sales outlet located in Busan City, the Defendant 1046, walked a trial cost to the injured party B (43 tax) who drinks alcohol at the same time without any particular reason; and (b) the injured party spawned the back part of the injured party’s right part of the disease, which is a dangerous object at the same time, to the injured party.

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

2. On December 22, 2017, the Defendant: (a) received a report to the effect that a assault case occurred at the same place as the preceding paragraph on December 22, 2017; and (b) received the statement from the victim and witness, the Busan National Police Station C District Group affiliated with the Busan National Police Station, intended to take a bath to the said D in order to arrest the Defendant as an offender; (b) displayed D with drinking alcohol; and (c) assaulted D with D’s body on board the ship.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the prosecutor with respect to the prosecution;

1. Each police statement made to B, D, and E;

1. On-site photographs and a written diagnosis of injury;

1. The application of Acts and subordinate statutes to the investigation report (hereinafter referred to as the “investigation Report”);

1. Articles 261 and 260(1) of the Criminal Act - Article 136(1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The first sentence of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommending punishment] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 6 of the Act on the Aggravated Punishment of Crimes, Article 6 of the Act on the Aggravated Punishment of Crimes [the scope of punishment] Article 2 of the Act on the Aggravated Punishment of Crimes (the scope of punishment that a person subject to special sentencing is unable to interfere with the performance of his/her duties] that there is no basic area (the scope of punishment that a person subject to special sentencing) [the scope of punishment] of Article 1 of the Act on the Aggravated Punishment of Crimes (the scope of punishment that a person subject to special sentencing is unable to perform his/her duties in six months or one year and six months] (the scope of final sentence that a person subject to special sentencing]: Six months or two years [the decision of sentence] is punished for violent crimes committed by a defendant over 13 times.

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