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(영문) 인천지방법원 부천지원 2018.11.16 2018고단1809
폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On July 8, 2018, around 21:46, the Defendant removed his/her own act from Seocheon-ro 54, Seocheon-ro 54, Seocheon-do, 2018, and from Seocheon-gu, Seocheon-si, 112, he/she was a police officer affiliated with the Cdistrict of the 112 police station, Seocheon-gu, Seocheon-gu, Kacheon-si, Kacheon-si, Kacheon-si, Kacheon-si, Kacheon-do, who was called up.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Each statement of E and F;

1. A photograph of the part of the damaged body and a photograph of the part of the upper body;

1. Application of Acts and subordinate statutes to a copy of the 112 reported case processing list and the C District Work Site;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [The Reasons for the Sentencing favorable to the reasons for the Sentencing] The basic area of sentencing [the scope of the Sentencing] under Article 62(1) of the Criminal Act (the Sentencing between June and January 6) [the decision of sentencing] is against the defendant's wrong recognition of criminal facts. The defendant's motive and circumstance of the crime of this case, the contents and degree of interference with public duties, circumstances after the crime of this case, the defendant's age, sex behavior, criminal records, family relations, economic circumstances, etc. shall be comprehensively considered, and the sentence as set forth in the Disposition.

The gist of this part of the facts charged in this part of the indictment is that the Defendant assaulted the victim’s left shoulder with his/her finger hand by having the victim’s chest pushed hand on one occasion, while arguing that, around July 8, 2018, the Defendant had expressed his/her desire to do so to the pet dog owned by the victim E (22 tax) at the Doncheon-ro No. 54, Seocheon-ro, Seocheon-do, 2018.

However, this is a crime that falls under Article 260(1) of the Criminal Code and cannot be prosecuted against the victim's express will under Article 260(3) of the Criminal Code.

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