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(영문) 부산지방법원 2015.04.01 2014고단10046
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.

Reasons

Punishment of the crime

1. Around September 7, 2014, the Defendant: (a) was under the influence of alcohol from the fourth line on the roadside of the 4nd line of the 3rd line of the 3rd line of the 3rd line of the 3rd line of the 3rd line of the 3rd line of the 3rd line of the 4rd line of the 4rd line of the 4rd line; and (b) the 4th line of the 50th line of the 3rd line of the 50th line of the 3rd line of the

2. While the police officers of the Busan Police Station E District Police Station, which received 112 reports as an assault case as stated in paragraph (1) at the time and place specified in paragraph (1) of this Article, expressed to F, under the influence of alcohol, the Defendant expressed to F, “I am this son, who will do so,” and interfere with the police officers’ legitimate performance of official duties for handling 112 reports when I am the victim by hand, and interfered with the police officers’ legitimate performance of official duties when I am under the influence of alcohol, due to the defect that I am arrested the Defendant in flagrant offense and attempt to take on the part of the patrol.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes on the table for handling investigation reports (field status, etc.) and 112 reported cases;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 260 (1) and 136 (1) of the Criminal Act which choose the penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the extent of injury and assault shall be determined by taking into consideration favorable circumstances, such as the fact that the degree of injury and assault is minor, and that it appears to result in the instant crime by contingency while under the influence of alcohol, but the period of punishment shall be determined, comprehensively taking into account the fact that there exists the same criminal records, the details of the instant

1. Social service order under Article 62-2 of the Criminal Act;

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