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(영문) 창원지방법원 2018.11.22 2018고단2207
존속폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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

around 04:45 on July 12, 2018, the Defendant, at the Defendant’s house located in the window C apartment 111-dong 105, 112-dong 105 of Changwon-gu, the Defendant, upon receipt of a report from 112, threatened the police officer E (48 cm) of the Changwon Police Station D District Station E (48 cm) of the Changwon-gu Police Station, which was a dangerous object on the phish cing of the defect in order to verify the course of the assault, with the Defendant’s hand on his left hand ( approximately approximately 27 cm in length) and threatened the above police officer with the gake as Ga.

Defendant continued to have been arrested as a current offender of the crime of violence, etc. due to the suppression of the test, while he did not comply with the warning given by the above police officer that he would throw away the face, the above police officer received the left face part of the above police officer.

As a result, the defendant carried dangerous objects with violence to police officers, and threatened police officers, thereby obstructing the legitimate execution of duties by the police officers related to handling 112 reports and arresting flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. 112 A list of reported cases;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation was that the Defendant was assaulted by the father F, who received a report from the father F, and the Defendant obstructed legitimate execution of official duties by threatening the police officer dispatched to a dangerous object, and assaulting him.

However, there are various circumstances such as the defendant's age, sex, environment, background leading to the crime, circumstance after the crime, etc., that the defendant was aware of and reflected in the crime, that there was no record of being hospitalized treatment due to early illness, that there was no punishment exceeding the fine, that father F is protecting and treating the defendant.

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