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(영문) 수원지방법원 성남지원 2017.01.12 2016고단3498
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Definite Defendant: (a) reported 112 at the “C” drinking house located in the apartment building B located in Sungnam-si, Sungnam-si, Sungnam-si, about October 13, 2016, that “A guest is getting off the house” and sent to the site, and (b) the victim E, a police box affiliated with the branch police station D police station, who was called to the site, attempted to arrest the Defendant as a current offender; (c) there are a number of actors, such as defect, F, G, and H, and among the victims, “this fins, fins, and fins of the same fins, fins of garbage, and fins, which were brought up to the conclusion of the judgment, and fins of the judgment.

The victim openly insultingd the victim by referring to the humping "Is".

2. On October 13, 2016, at around 01:50 on October 13, 2016, the Defendant was under investigation as a crime of assault on the part of rejection of the prosecution at the D police box located in Sungnam-si I, Sungnam-si, and tried to explain the instant case to the victim K (26) who was a policeman assigned to the said police box after arriving in the police box by the Defendant’s wife, who was the police officer assigned to the said police box, and tried to explain the instant case. The Defendant, who was under investigation by the victim K (26) of the victim’s own wishing to “I Y Haf Haf Haf Haf Haf.” The victim’s face was 4 times by drinking.

As a result, the defendant interfered with the police officer's legitimate execution of duties concerning the investigation of the case and the maintenance of public order, and at the same time, the victim suffered injury such as the impairment of the character of head part requiring approximately two weeks medical treatment, and scambling.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. A complaint, each photograph, and a medical certificate;

1. Application of Acts and subordinate statutes to investigation reports and accompanying documents;

1. Article 311 of the Criminal Act in relation to the crime, Article 136 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as a crime of obstructing the performance of official duties, between the crimes of inflicting bodily injury, or between the crimes of inflicting bodily injury);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

1. Article 62(1) of the Criminal Act (abstinating the deposit of damages and the mistake thereof) shall be followed.

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