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(영문) 부산지방법원 서부지원 2018.08.22 2018고단203
폭행등
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

around 05:25 on January 7, 2018, the Defendant: (a) expressed that “C” sports marina business establishments located in the north-gu Busan Metropolitan City (hereinafter “C”), as described in paragraph (1), was spiting a fright, such as assaulting D or E, who is an employee; (b) G circumstances belonging to the F District Police Station in the Busan Northern District (hereinafter “F District Police Station”); and (c) Habing the Defendant to arrest the Defendant as an actual offender of the crime of assault, the Defendant expressed that “a fright, a fright, a frighter, and a fright fright fright, as prescribed by the Act” was spiting the face of the said G several times.

Accordingly, the above defendant interfered with the 112 report processing and the legitimate execution of duties concerning the arrest of a flagrant offender.

On March 8, 2018, the Defendant interfered with the victim’s hotel business by force, such as: (a) the victim K, who is the manager of the above hotel, demanded to park in compliance with the parking line, around 03:03 on March 8, 2018, at around 03:03, the Defendant: (b) the victim K, who was a manager of the above hotel, demanded to park in line with the parking line; and (c) the victim, “Iskhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Summary of Evidence

"2018 Highest 203"

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. "CCTV data attached to the investigation report (CCTV data)" 2018 Highest 672;

1. Statement by the defendant in court;

1. The K's statement;

1. Application of Acts and subordinate statutes to a investigative report (to attachCCTV data);

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Category 1 (Interference with the Execution of Official Duties) (Interference with the Execution of Official Duties) is the basic area (six months to one year and six months) (a person engaged in special sentencing).

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