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(영문) 창원지방법원 진주지원 2018.11.23 2018고단1275
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special assault: (a) around August 18, 2018, the Defendant argued with the victim D (44 tax) who was the next to the “C” restaurant located in Jinju-si, Jinju-si, Jinju, Jin-si, for the reason that he expressed a bath to E who is the next to the instant vessel, the Defendant brought about the victim’s body.

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

2. The Defendant interfered with the performance of official duties, at the same time and place as in paragraph 1, and at the same place as in paragraph 1, “A police officer who belongs to the F District of the Jinju Police Station, who was sent to the site after receiving a report of 112, committed assault to the said G, such as: (a) the Defendant she sawd the Defendant and the said D fighting; (b) obstructed the front of the Defendant, and (c) “I am flickly flick with her hand, and was flick and flicked by her hand, and attempted to go beyond.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning reporting processing and crime control by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act, Articles 261 and 260 of the Criminal Act, Article 136 (1) of the Criminal Act, and imprisonment with prison labor, respectively, for the 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Class 1 - The sentence of recommending interference with the performance of official duties: Six months to one year and six months (basic areas): None of them;

(b) 2nd offence - The sentence of recommendations for special assault: February to February (the area of mitigation): The person subject to special sentencing who is not subject to punishment;

(c) Many crimes: From six months to two years; and

2. The defendant who was sentenced to imprisonment on December 26, 200 and was sentenced to the suspension of the execution of official duties on December 26, 200, and was sentenced to six times of punishment for violent crimes.

There has been no record of violence for the last ten years, and the victim D.

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