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(영문) 대전지방법원 천안지원 2016.05.27 2016고단149
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

All of the prosecutions against each of the charges of this case are dismissed.

Reasons

Punishment of the crime

On January 13, 2016, at around 03:45, the Defendant reported 112 cases of assault against “D” in front of “D,” etc. in Asan City, and reported 112, and reported her investigation into the case by G of the F District of the Asan Police Station, the Defendant: (a) reported her investigation into the instant case; and (b) reported her “D” to E, H, and I.

“In doing so, I tried to go to the same person, and tried to go to go to the same person, and obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 report by assaulting him, such as making his face at least three times by drinking, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E, H, I, and J;

1. A written statement G and K;

1. Application of each statute on photographs;

1. There is no person who is subject to a special sentencing [the decision of sentence] in the basic area (six months to one year and four months) of the first type of punishment (the scope of recommendation] under Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act regarding criminal facts and Article 136 of the Determination of Punishment for the Punishment of Criminal Crimes (the act of obstructing the performance of official duties), and Article 136(1) of the Determination of Punishment for the Punishment of Imprisonment [the scope of recommendation] [the person who is subject to a special sentencing] [the decision of sentence] of the crime of this case needs to be strictly punished for the crime of this case, despite the fact that the defendant had been punished several times by force of the same kind (the act of obstructing the performance of official duties, obstructing the performance of official duties, damaging the public goods). The defendant repeatedly committed each of the crimes of this case, even though there is an unfavorable

Rejection of Public Prosecution

1. The summary of the facts charged is that the Defendant, at around 03:45 on January 13, 2016, under the influence of alcohol, takes alcohol to the proprietor of the “D” in front of the “D” located in Asan City, and, under the influence of alcohol, takes alcohol at the nearby main points while drinking alcohol, he/she takes alcohol at this E (39 years of age).

He listens to the horses, drinking, 2 times the victim E’s buck, and the victim’s back water once, respectively, and the way to go on is the victim’s H (V, 17 years of age) to listen to the horses, and drinking.

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