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(영문) 대전지방법원 천안지원 2021.03.05 2020고단2831
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around September 7, 2020, around 08:25, the Defendant damaged a 8 gallon, etc., where the victim D uses the victim's assault in the Defendant's residence located in Asan-si apartment B apartment complex C, and the Defendant used the victim's gallon, carried a phone with the victim's 112, and the victim's gallon, which was reported at 1,110,000 won at the market price of the victim's gallon, by destroying a gallon, etc.

2. The Defendant interfered with the performance of official duties at around 08:40 on September 7, 2020, after receiving a report from 112 on the content of “the sound and disputed each other,” at the place indicated in paragraph (1) of this Article, the Defendant: (a) expressed the class, name, etc. in order to verify the damaged scene by the slope F of the ASEAN Police Station Ear-gu, Busan, to enter the place of damage; (b) expressed the class, name, etc. of the relevant police station; (c) sound that “the head of home, house, house, and house, leaving the said slope F of the said slope F of the said slope F of the said slope F of the said f of the said f of the said G police officer of the said G police officer of the said case of the said person of the said person of the said person of the said person,

Accordingly, the Defendant assaulted a police officer who performs his duties on the handling of reported case 112.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Statement made by the police against D;

1. Application of the domestic violence risk investigation table (including attached photographs), on-site police officers-related statutes;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Where an act of assault or intimidation was committed against multiple public officials who perform the same duties as commercial concurrence, the crime of obstructing the performance of multiple official duties is established according to the number of public officials who perform official duties, and where the above act of assault or intimidation was committed in the same place at the same time and is evaluated as one act in light of social norms, the crime of obstructing the performance of multiple official duties is in a commercial concurrence relationship (see Supreme Court Decision 2009Do3505, Jun. 25, 2009, etc.).

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