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(영문) 창원지방법원 2014.07.22 2014고단1491
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On May 4, 2014, the defendant, who lives at the lower apartment level of the victim C, was dissatisfied with the issue of inter-floor noise between the family members of the ordinary child victim and the victim's her husband D, and was hospitalized in the hospital.

1. On June 9, 2014, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc. damage and damage, etc.) stated that, in front of the entrance door of the victim in Kimhae-si, the Defendant: (a) caused injuries from D due to noise problems in front of the entrance door of the victim in his/her residence in Kimhae-si, the Defendant: (b) destroyed the breath (35 cm, 16 cm in length) which is a dangerous object; (c) and (d) the breath (16 cm in knife in kniff) which read, “a kniff in kniff in kniff.

2. On June 10, 2014, at around 00:08, the Defendant, while intending to enter the victim’s residence at the place specified in paragraph (1), was reported that the lower floor satisf was found and the Defendant was called out after receiving a report that satisf and satisf, the Defendant was forced to avoid a disturbance from the slope G belonging to the Fdistrict of the Kimbu Police Station, and prevented the victim from entering the victim’s residence.

피고인은 G으로부터 위와 같이 제지를 당하자 G에게 “내가 피해자이고 피가 터지는 폭행을 당했는데 왜 내가 가해자가 돼야 돼, 출동한 경찰관 오라해”, “이 병신 같은 놈의 새끼야”, “야이 자슥아” 등의 폭언을 하고, 오른손 주먹으로 G의 왼쪽 가슴을 1회 때려 G을 뒤로 넘어지게 하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the body and property of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of G, D, H, and C;

1. Application of Acts and subordinate statutes to damaged articles and tools photographs used by suspects;

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 3 (1) and Article 366 of the Criminal Act (the point of causing damage to dangerous property), and Article 366 of the Criminal Act;

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