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(영문) 대구지방법원 서부지원 2018.11.14 2018고단390
폭행등
Text

A defendant shall be punished by imprisonment for four 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 16:00 on February 7, 2018, the Defendant, at the entrance of the victim in Daegu-gu, Daegu-gu, and his/her residence, was waiting for a child to return to the child care center before the above residence (the victim E (the victim 37 years of age) with drinking alcohol at the entrance of the victim in the Daegu-gu, Daegu-gu, and the victim's dwelling. The Defendant, as a assault case against the victim in the past, threatened the victim, who was claimed about KRW 900,000 from the Health Insurance Corporation, with the Defendant’s demand for reimbursement from the Health Insurance Corporation, threatened him/her of crypting, "Yek, this year, drop, night, night, hyp, hyp, hyp)."

On March 31, 2018, the Defendant 2018, 1734, on the top of the house of the Defendant located in Daegu, Daegu, on March 31, 2018, and “a request from the husband to be hospitalized at a hospital,” and “a request from the husband is made by the local fire station affiliated with the Daegu Fire Fighting Station, a member of the first-aid service who was called upon the Defendant’s report by the Defendant 119, confirmed the status of the Defendant’s husband, and confirmed that there is anything wrong by the Defendant’s husband, and subsequently confirmed that there is anything wrong, i.e., “f., f., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., that

As a result, the Defendant interfered with the legitimate execution of duties of fire officials on 119 reports.

Summary of Evidence

"2018 Highest 390"

1. Legal statement of witness E;

1. Partial statement of witness G;

1. Statement made by the police for E;

1. On-site and victim's photograph " 2018 Highest 1734";

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. Application of H’s written Acts and subordinate statutes;

1. Article 260(1) and Article 136(1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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 reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection, and the circumstances leading to each of the crimes in this case.

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