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(영문) 수원지방법원 성남지원 2013.08.16 2013고단948
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 23:50 on April 28, 2013, the Defendant violated the Punishment of Violence, etc. Act (collective assaulting with a deadly weapon, etc.) was at the victim E (35 years of age) of the victim E (the victim) who had a drinking and drinking at the next table of the victim, “I am am hye and gye,” and the victim did not am hye, am back the victim’s head one time by hand, with the victim who was outside of the police to make a report to the police, am hye the part of the victim’s face with his hand, and was at the left side of the drinking part once.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. On April 29, 2013, the Defendant: (a) 00:20 on April 29, 2013, 195, she took a bath in G DistrictF located in Sungnam-si F; (b) laid off and tried to get off the disturbance; and (c) prevented the police officer belonging to G District from doing so; and (d) assaulted H, by hand, she was flabing the bat of H’s bat, with the KON’s bat and worn by H, she applied to the bather tear.

Accordingly, the defendant interfered with legitimate execution of duties concerning H's crime control and case investigation, which is a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to E and H;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties, the choice of imprisonment with labor);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant is seriously against the defendant, the fact that the defendant has no record of committing the same crime, the fact that the defendant deposited 500,000 won to the victim E, the degree of damage, etc.);

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

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

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