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(영문) 부산지방법원 서부지원 2017.06.21 2017고단356
폭행등
Text

A defendant shall be punished by imprisonment for six 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

On April 8, 2017, the Defendant, around 04:10 on April 8, 2017, was under the influence of alcohol on the paths located in Busan C, and passed around that day without any justifiable reason.

D(49) The head of fat, fating D’s bat, fating D’s bating from D(49) and continuing to do so.

In line with the 49 taxes of E, each assault was committed by balping flaps of E (S) and being called after 112 reports, and listening to the circumstances of the case, the police officer G belonging to the F District District of Busan, which was in the position of the police officer G, balping the body of the above G, and balping the body of the said G, and balp hump of the police officer belonging to the F District of Busan, who was in control of this case.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on investigation (the current status of crimes and telephone investigation);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment recommended according to sentencing guidelines] The act of obstructing the legitimate performance of official duties should be punished strictly.

However, it is reasonable to consider the defendant's attitude to reflect.

In addition, the defendant's age, sex, environment, motive, means, and result of the crime, various sentencing conditions specified in the arguments in this case, such as the circumstances after the crime, shall be determined as ordered.

Rejection of Public Prosecution

1. On April 8, 2017, the Defendant, under the influence of alcohol on the paths located in Busan Yagu, Busan Ya-gu, the Defendant: (a) dumping the victim’s dump, spathing, and continuously dumping it from the victim D(49 years of age) who was under the influence of alcohol, without any reason; and (b) dumping the flap of the victim E (49 years of age) who continued to do so.

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