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A defendant shall be punished by imprisonment for six 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. 폭행 피고인은 2013. 3. 13. 22:05 무렵 목포시 B경찰서 출입문에서, 술에 취해 “씨벌놈아 꺼져!”, “씨벌 너 나한테 한 것 뭐 있어!”, “씨벌 좆같네, 한 번 해봐!”, “씨벌놈들 개 좆까고 자빠졌네!”라고 욕을 하고 이를 제지하는 B경찰서 형사과 소속 피해자 C(33세)의 뺨을 1회 때려 폭행하였다.
2. The Defendant damaged public goods at the time, time, and place specified in paragraph (1) and destroyed the connecting section of the body and the antenna by re-putting the police franking electric power, which was owned by B police station, before the entrance and exit of the police station, in which C had prevented the Defendant from doing the above act.
Accordingly, the defendant has harmed the utility of goods used by public offices.
Summary of Evidence
Application of the Defendant’s legal statement, each police protocol against C/D, CCTV photographs, and damaged photographic statute
1. Relevant legal provisions concerning criminal facts: Violences that choose to imprisonment: Article 260 (1) of the Criminal Act for the damage of public goods: Article 141 (1) of the Criminal Act;
2. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Scope of Aggravation of Long-Term Punishment)
3. Article 62 (1) of the Criminal Act (including the fact that the instant crime was committed under the influence of alcohol, the fact that the damage is minor, the confession of and reflect against the instant crime, etc., although there was a history of probation of imprisonment for the same crime).
4. Probation and community service order under Article 62-2 of the Criminal Act;