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(영문) 대전지방법원 천안지원 2020.02.12 2019고단2631
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 18, 2019, at around 01:50, the Defendant discovered that the victim D (son and 20 years of age) met a female under the influence of alcohol and worked on the shoulder in the C side way located in Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and that he met the victim D’s face and chest with the horse as a drinking.

The Defendant continued to drink the right side of the Victim E (M, 19 years of age), followed once by a single string, followed by a victim F (M, South and 19 years of age), followed by a single string, followed by a single string, followed by the chest of the victim G (M, South and 19 years of age) on a single occasion, followed by a single string, followed by the victim H (M, South and 20 years of age), and pushed the neck and chest of the victim H (M, 20 years of age) on a single occasion.

Accordingly, the defendant assaulted victims.

2. On August 18, 2019, the Defendant: (a) obstructed the performance of official duties on the part of the Defendant: (b) obstructed the use of an act of assault; (c) obstructed the use of an identification card; (d) obstructed the use of an identification card; and (d) assaulted the J by exceeding the left part of the J on the defective left part.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Written descriptions of D, E, F, G, and H;

1. Application of Acts and subordinate statutes, such as field photographs, photographs of damaged parts of each victim, etc.;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is the majority of the victims who assaulted by the defendant, and the offense is bad in the course of the exercise of violence against police officers on official duty, the defendant was not agreed with the victims, the defendant is recognized, the defendant has no record of criminal punishment exceeding fine, and the defendant also has no record of criminal punishment.

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