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(영문) 수원지방법원 2019.07.05 2019고단1851
특수폭행등
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around March 31, 2019, at the main point of “C” located in Suwon-si, Suwon-gu, Suwon-si, Suwon-si, where a victim D (year 46) and drinking alcohol were carried out, and the victim’s face, head, and side flaps were flabed by hand, and the victim’s face, head, and side flab were flabed by drinking, and the victim’s face, head, and side flab were flabed once again to the head of the victim.

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

2. On March 31, 2019, the Defendant was arrested in flagrant offenders on the same grounds as Paragraph 1, and was transferred to the Suwon-gu Seoul Metropolitan Government E Office in Suwon-gu, Suwon-gu, and Suwon-gu, Suwon-gu, E Office in Suwon-gu, 199.

피고인은 같은 날 02:35경 위 E 사무실에서 소리를 지르고 경찰관에게 시비를 거는 등 소란을 피워 안전 및 도주방지를 위해 경찰장구인 수갑을 차게 되자 위 E 사무실에 비치된 의자를 들고 흔들며 “내가 뭘 잘못했냐, 개새끼들아, 씹새끼들아.”라고 큰 소리를 지르고, 머리를 휘둘러 수원중부경찰서 소속 순경 F의 입술 부위를 1회 가격하고, 발로 순경 G의 엉덩이를 1회 걷어차는 등 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Application of the respective Acts and subordinate statutes of D and H

1. Relevant Article of the Criminal Act and Articles 261, 260 (1), and 136 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence Decision) (Special Violence). Violence crime [Type 6] has no repeated crime, special assault [Special Assault] [the scope of recommending area and recommendation].

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