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(영문) 대전지방법원 천안지원 2018.04.19 2017고단3001
특수폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 28, 2017, at around 00:20, the Defendant: (a) laid the body part of the victim’s head on one occasion by gathering a small-scale illness, which is a dangerous object on a table, and without any justifiable reason, drinking the victim D (n, 42 years of age) and drinking, at “C”, the main store located in Nam-gu, Nam-gu, Nam-gu, Nam-gu; (b) around November 28, 2017, the Defendant sleeped the victim’s head head.

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

2. On November 28, 2017, at the same place as Paragraph 1, at around 00:28, the Defendant: (a) 112 was asked of questions about the circumstances of the commission of the crime from the slope F of the Donannam Police Station E (a police box) sent out after receiving a report, at the same time as Paragraph 1, at the place; (b) 2017.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. G statements;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of imprisonment for a crime;

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. The nature of the crime of this case is very bad in light of the contents of each of the crimes of this case, such as assaulting the victim by using dangerous objects with the reason for sentencing under Article 62(1) of the Criminal Act, obstructing the performance of official duties by exercising violence against police officers who perform their official duties properly. However, the fact that the defendant is recognized and against the crime, that the defendant has agreed with the victim D, that there is no record of criminal punishment heavier than the fine for violent crime, and that there is no other defendant's age, sex behavior, environment, motive, means, and consequence of the crime, etc., the punishment shall be determined as ordered in consideration of the following circumstances, etc.

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