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(영문) 창원지방법원 마산지원 2015.02.10 2014고단1176
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 of the final judgment.

(e).

Reasons

Punishment of the crime

1. On September 17, 2014, at around 17:20, the Defendant damaged the damage to property by means of demanding KRW 2,500 from the injured party B to leave the taxi in front of the off-dong Public Security Center (the age of 62) on the roads located in the Yongsan-dong 11-gil 2 (Odong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

2. At around 17:50 on September 17, 2014, the Defendant of the obstruction of performance of official duties: (a) committed assault to B, as seen above, a slope F affiliated with the same police box at the Msan East Police Station E (U.S.) Police Station in Masan-si D; (b) assaulted B; and (c) f, on the ground that he was asked of the circumstances leading up to the destruction of his vehicle, she expressed her desire to “Ying Ying Ying Ying Ying Ying Ying Ying Ying Ying Ying Ying F, thereby threateninging him as if he were her, and obstructing the police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Articles 366 and 136 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

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

1. The dismissal of prosecution under Article 62 (1) of the Criminal Act

1. On September 17, 2014, the Defendant: (a) around 17:20 on September 17, 2014, the Defendant: (b) opened a door of the instant taxi driver’s seat on the ground that the victim B demanded KRW 2,500 when he/she drops from the victim B (the age of 62) taxi in front of the Hadong-dong Public Security Center located in Yongsan-dong 11-dong, Yongsan-gu, Changwon-si; and (c) expressed the victim’s desire to read “I am off, am off, am off, am off, am off, am off, and cut off with a dog”; and (d) assaulted the victim’s face one time at one time; and (d) the victim’s frame part at four times.

2. Article 327 subparag. 6 of the Criminal Procedure Act, and Article 260(3) of the Criminal Act.

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