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(영문) 수원지방법원 평택지원 2016.04.07 2016고단299
폭행등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:58 on February 28, 2016, the Defendant obstructed the performance of official duties, and the Defendant was investigated by the F District Unit of Pyeongtaek-si Police Station F District in Pyeongtaek-si, Pyeongtaek-si, in Pyeongtaek-si, and took part in the investigation at the front of the district area, and was able to take a heavy amount of time for the assault-related persons at the front of the district area, and was informed by the victim G (36 years old) who is the police official belonging to the F District (36 years old), who was informed of the face of the victim who was using the F District, was 14 days at one time the victim was fluenced with the face of the police official belonging to the F District, and was fluencing the victim with the eye of about 14 days.

As a result, the defendant interfered with the legitimate execution of official duties in the criminal investigation of police officers, and at the same time injured the victim.

2. The Defendant damaged public goods, while taking a bath at the time, time, and at the places specified in paragraph 1 without any justifiable reason, brought the bit part of the H patrol car used for patrol and on-site dispatch in the F District twice by drinking, and damaged KRW 470,000,000,000, such as the bitc gladm color.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to photographs of damage, photographs of damaged parts, CCTV caps, and photographs and written diagnosis of injury;

1. Article 136 (1) (the point of obstructing the performance of official duties), Article 257 (1) (the point of injuring an injury) and Article 141 (1) (the point of damaging an article for public use) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of Commercial Concurrent Crimes. Article 50 (Inter-Korean Crimes of Interference with and Bodily Injury to the Execution of Public Services)

1. Selection of each sentence 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing criteria;

(a) In the case of interference with the performance of official duties in the aggravated area (six months to two years) of Category 1 (Assaults) general injury (Scope of recommended punishment) (hereinafter referred to as general injury) (hereinafter referred to as "special aggravated area");

(b) Class 2 offences (Interference with the performance of official duties).

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