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(영문) 대구지방법원 2018.12.07 2018고단2686
특수폭행등
Text

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

"2018 Highest 2686"

1. On April 25, 2018, the Defendant, on the ground that the victim D (48 tax) located in Cheongdo-gun, Cheongdo-gun, Cheongdo-si, around 19:00, did not receive KRW 400,000,00 in a plastic house of the victim D (48 tax) located in Cheongdo-gun, Cheongdo-gun, Cheongdo-si, the Defendant: (a) displayed a non-meter plate of construction materials (190cm wide, 22cm long) attached to the victim D and his wife, which are dangerous objects E; and (b) laid a mobile phone, which is a dangerous object to the victim E.

Accordingly, the defendant committed violence against the victims while carrying dangerous objects.

2. The date and time set forth in Paragraph 1 above obstructing the performance of official duties, and at the place of the foregoing assault, the police officer F, who was called out after receiving 112 report due to the above assault, did not put the police officer F, by hand, at one time.

Accordingly, the defendant assaulted the police officer who performs his duties.

On August 10, 2018, the Defendant: (a) around 2018, the Defendant was under the influence of the Defendant at the “H” Chinese restaurant located in the Cheongdo Cheongdo-gun G, Cheongdo-gun; (b) on the part of the Defendant, the police officer of the Cheongdo-do Police Station I Station called the Defendant at the site after receiving a 112 report that the Defendant was under the influence of alcohol; and (c) on the part of the Defendant, the police officer who was sent to the site after receiving a 112 report that the Defendant was under the influence of the said restaurant was under the influence of alcohol; and (d) the police officer was under the control of the Defendant, who was under the control of the Defendant and asked for personal information, and thereby interfered with the police officer’s legitimate performance of duties concerning the handling of reports at least twice by hand.

Summary of Evidence

[2018 Highest 2686]

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Statement made by the police with regard to F;

1. On-site reports (Attachment of on-site photographs) (2018 Heights 3889);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to K and J;

1. Relevant provisions of the Criminal Act and Articles 136(1), 261, and 260(1) of the Criminal Act concerning facts constituting an offense, 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. The reason for sentencing under Article 62(1) of the Criminal Act is two times within the short term.

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