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(영문) 춘천지방법원 원주지원 2016.01.06 2015고단569
특수폭행등
Text

A defendant shall be punished by imprisonment for one year.

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. The injured Defendant is the victim C (n, 54 years of age) and the relationship between the victim C (n, 54 years of age).

On July 1, 2015, the Defendant, around 15:35, 2015, on the ground that the Defendant was in front of the Defendant’s residence, and that the victim went to the Defendant as a fraudulent person. However, the Defendant forced the Defendant to force the Defendant to use smartphones and forced the Defendant to use smartphones, and took a serious bath that it is impossible to put the victim into the Defendant, and applied for the return of smartphones with the victim and the victim requesting the return of the smartphones, and knee knee kne, which requires approximately two weeks of medical treatment.

2. A special intimidation: (a) the Defendant, at the time, at a place specified in paragraph (1) and at a place specified in paragraph (1), went beyond the victim; (b) and (c) took a hack pipe (around 1m, diameter 3 cm), which is a dangerous thing, and threatened the victim by carrying a dangerous thing with the victim, stating that the Defendant would die.

3. On July 1, 2015, the Defendant who interfered with the performance of special official duties: (a) assaulted C at the time and place specified in paragraph (1) around 15:50 on July 1, 2015; (b) and (c) did not kill C, with the background F of the position of the original police station E zone and the slope G, in which he/she was dispatched after being reported 112.

With threat, the hack pipe, which is a dangerous object, has been displayed in the G above.

Accordingly, the defendant carried dangerous things and interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, F and G;

1. Police seizure records and list of seizure;

1. A medical certificate;

1. Application of Acts and subordinate statutes to victims and seized articles;

1. Relevant Article 257(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of imprisonment for a crime, the choice of a sentence, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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