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(영문) 부산지방법원 2017.01.18 2016고단6466
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 01:40 on September 27, 2016, the Defendant: (a) arrested the police officer belonging to the G District District as a current offender in Busan, who was dispatched to the site after receiving a report from 112 as an assault against E and F, from the “D Sing shop” located in Busan, Seo-gu C2, Busan, and was arrested as a police officer belonging to the G District; and (b) went to the G District for the Busan, which was in the same Gu, and then, (c) assaulted H at one time at the Busan, Seo-gu Babbbs section.

Defendant continued to dump the floor of the above G G G G G belt office in order to take a drinking test by the I, a police officer belonging to the said G belt, who was required to take a drinking test by the I, and caused the I to debris the I's arms.

Accordingly, the Defendant assaulted H and I, thereby hindering police officers from performing their legitimate duties on the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness J, F, H and E;

1. Application of statutes, such as photographs of victims;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the choice of punishment;

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. Each of the crimes of this case on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of execution of sentence is that the defendant assaulted police officers as above and obstructed the performance of their official duties, and the nature of the crime is not weak.

However, the sentencing conditions of the defendant, such as the defendant's age, occupation, sex, family relation, motive and circumstance before and after the crime, shall be comprehensively considered, and the sentence like the order shall be determined.

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