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(영문) 창원지방법원 통영지원 2016.04.21 2016고단157
폭행등
Text

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. Around 00:50 on February 5, 2016, the Defendant started from the Joseon Dynasty for the treatment of Aju Dong-dong at the same time, and abused the victim’s clothes at one time and two faces with the defect that the victim tried to report to the Public Security Center at the Haak-dong located in the Haak-gu Police Station (C) in front of the Public Security Center at the Haak-gu Police Station, 40 Don-ro, Haak-ro, Haak-ro, Haak-ro, Haak-ro, Han-do, Ha-dong, but arrived at the destination of the victim’s (C).

2. Around 00:50 on February 5, 2016, the Defendant: (a) received a report from B from a taxi engineer B, who called “a taxi customer to do violence without paying a fee” on the roads in the lower-level lower-level 40 Don Police Station; and (b) demanded the police officer to identify and invalid the instant situation at the scene; (c) the Defendant sent to the scene; (d) took a bath for the said police officer; and (e) took a sway E’s chest at one time while taking a bath for the said police officer; and (e) assaulted the chest and buckbbbbbbs by drinking in one way; and (e) assaulted the fel’s spath and breast face with drinking flabing, which took place.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B, E, and F;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to report internal investigation (the act during the 112 patrols).

1. Relevant Article 260 of the Criminal Act, Articles 260 (1) and 136 (1) of the Criminal Act (the point of violence) concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the total of the long-term punishments of the above two crimes is aggregated);

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) Category 1 (Interference with the Execution of Official Duties) (Scope of Recommendations).

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