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(영문) 창원지방법원마산지원 2020.11.13 2020고단877
특수폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 07:20 on June 16, 2020, the Defendant assaulted the victim’s cocon part, one time, using a hump (120cm in length), which is a dangerous object of drinking together with the victim B, while drinking alcohol, at a plaza in Masan-si, Changwon-si, Masan-si, Masan-si, Masan-si, Masan-si, and with the victim B.

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

2. On June 16, 2020, the Defendant voluntarily operated a police box in Mapo-si E by the police box of Mapo-dong Police Station C, which was dispatched after receiving 112 report for the reasons stated in the above paragraph (1) on June 16, 2020.

Since then, the Defendant was asked about the above facts by the above D, and then was asked about where he was in possession, and asked about where he was in possession. The Defendant told that he was “I am in the house” and called “I am in the house, but I am in the house.” The Defendant expressed that D am in mind “I am in the patrol car, and I am in the door, I am in the door, I am in the face of D’s right side by drinking the left side.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on criminal investigation and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with regard to B and D;

1. Application of statutes to photographs of victims and photographs of victimized police officers;

1. Relevant Articles 261, 260 (1) and 136 (1) of the Criminal Act, the choice of imprisonment with prison labor, and the applicable Articles of the Criminal Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. The opinion of the prosecutor on the reason of sentencing Article 62-2 of the Criminal Act: The sentence of imprisonment with prison labor for one year: It is not good that the nature of the crime is not good and that the sentence of imprisonment with prison labor for the same kind of crime has been sentenced to a suspended sentence of imprisonment with prison labor for the same crime;

However, the defendant recognizes the facts of crime.

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