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(영문) 춘천지방법원 강릉지원 2018.11.13 2018고단821
폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 9, 2018, the Defendant: (a) expressed the victim’s desire to see, “C (16 years of age) that he/she had a dispute over the 413-dong-type apartment complex in front of the 413-dong-gu 413-dong-si of the East Sea as a taxi driver and the cabb; and (b) assaulted the victim’s left face by his/her hand on one hand; and (c) assaulted the victim’s cell phone with a cell phone used by his/her hand on one occasion.

2. Around July 9, 2018, the Defendant interfered with the performance of official duties, at the place indicated in the foregoing paragraph 1, the Defendant was assaulted by C by fighting at the place indicated in the foregoing paragraph 1.

“The circumstances leading up to the D police station in the East Sea, upon receipt of a report, discussed the Defendant’s personal information, and assaulted E’s bucks and part of E’s bucks, with the desire of “Ihn, Narar’s Mah, and Man’s Mah’s Mah,” to walk each time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

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

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: The crime of this case is a case in which the defendant assaultss a police officer and is not good for committing a crime: one million won is deposited for the victim police officer E; the defendant's age, sexual behavior, environment, motive, means and consequence of the crime; and the defendant's age, sexual behavior, motive, means and consequence of the crime; and the circumstances before and after the crime are determined as ordered by the order.

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