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(영문) 창원지방법원 통영지원 2016.01.06 2015고단1097
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

The Defendant, on July 6, 2012, sentenced the Defendant to six months of imprisonment with prison labor for an injury at the Changwon District Court’s prison branch on July 6, 2012, and completed the execution of the sentence at the detention center on January 5, 2013.

[Criminal facts]

1. A special assault: (a) on January 18, 2015, the Defendant, at D’s station located in C around 00:15, asked the victim E (at 21 years of age) who is an employee, to provide alcohol; (b) on the ground that the victim did not respond to it, he/she collected beer residues, which is a dangerous object, toward the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On January 18, 2015, the Defendant interfered with the performance of official duties, on the same grounds as the preceding paragraph, and reported at around 00:20 on January 18, 2015, and responded to the questioning of personal data by G guards belonging to the Tong-gu Police Station F District, dispatched to the site, and assaulted the police officer once a week.

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

On November 13, 2015, the Defendant: (a) around 23:00 on November 13, 2015, 2015, the Defendant: (b) on the top of the I restaurant located in the Busan Dong-gu, the victim J (the 57 years of age, the 1st degree person with disabilities) who was seated with the wheel and was making telephone conversations with the wheeler, and (c) her head, took the her own bath part, and (d) her head, took approximately 15 days of treatment to the victim; and (e) took the her head and the her inner part in need of treatment.

Summary of Evidence

"2015 Highest 1097"

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A written agreement;

1. On-site photographs;

1. Previous convictions in judgment: References to inquiries about criminal history, investigation reports (verification of such criminal history, judgment), 201 after the second sentence of 127;

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

1. Articles 261, 260 (1) (a point of special assault), 136 (1) (a point of obstructing the performance of official duties), and 257 (1) (a point of harm) of the Criminal Act applicable to the facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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