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(영문) 인천지방법원 부천지원 2014.12.19 2014고단2941
폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On November 13, 2014, at around 00:20, the Defendant assaulted the police officer’s legitimate execution of duties concerning the handling of the 112 reported case on the 112 reported case by taking advantage of the left shoulder part of B of the police officer belonging to the small police station called up after receiving 112 report in front of the High Public Security Center of 195, Seocheon-gu, Seocheon-gu, Seocheon-gu, 195.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement protocol law to C and B

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. On November 13, 2014, the summary of the facts charged under Article 62(1) of the Criminal Act (i.e., confession of and reflect on the conduct of crime, and the fact that there is no record of punishment for the same kind of crime) is as follows: (i) the Defendant committed assault against the victim’s chest who reported 112 as his head and her mother, when he took the victim’s mother as his mother, who was 112 as his mother, before the High Public Security Center in 195, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and the victim C (55 years old) who was a taxi driver on whom the Defendant was aboard, and as a matter of charge.

However, this is a crime falling under Article 260(1) of the Criminal Act that cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. Since the victim expressed his/her wish not to punish the defendant on December 12, 2014, which was after the institution of the instant prosecution, the prosecution on this part is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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