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(영문) 광주지방법원 목포지원 2018.05.11 2017고단1060
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 03:00 on June 30, 2017, the Defendant assaulted the victim D (the 42-year-old)’s main points in the operation of Newananan-gun C (the 42-year-old), by taking advantage of the following: (b) the Defendant, upon receiving a request from the victim of the damage after drinking alcohol; (c) flaging the victim’s hair and fingers; and (d) flaging the victim’s hair and fingers; and (c) flaging the victim’s hair, which is an empty object of danger, by taking the victim’s hair into his/her hand, booming the victim into his/her hand; and (d) b) flaging him/her with his

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

2. At around 03:40 on June 30, 2017, the Defendant: (a) prepared a written statement related to the assault case as referred to in paragraph (1), the Defendant: (b) displayed the G, a police officer, who works at the said police box, without any justifiable reason; (c) sealed the chest of the said G; and (d) notified the said G that he may be arrested if he continues to engage in such action from the said G; and (c) saw that “I will shot, mar, mar., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h., h. to h., h. to h., h. to h.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the witness G in the fourth public trial protocol;

1. Each police statement made in relation to G or D;

1. Application of statutes to field photographs, investigation reports (on-site conditions, etc.), investigation reports (CCTV image verification reports) and investigation reports;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of imprisonment for a 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the crime of this case is not good.

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