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(영문) 부산지방법원 동부지원 2017.09.20 2017고단1575
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:50 on June 30, 2017, the Defendant, on the part of the victim B (67 years) boarding a taxi in the vicinity of the Busan YY-gu, Busan at the center of Busan Y-gu, and arrived at D in front of the 23:03 on the same day, and subsequently, the Defendant abused the victim’s head knee, knee, knee, knee, and knife the victim’s head knife with drinking.

2. 공무집행 방해 피고인은 2017. 6. 30. 23:13 경 제 1 항 기재 장소에서, 위와 같은 피고인의 행위에 대해 112 신고를 받고 출동한 부산 남부 경찰서 E 지구대 소속 경사 F이 B에 대한 추가 폭행을 제지하자, 욕설을 하면서 손으로 F의 멱살을 잡고 바닥에 넘어뜨리고, 발로 F의 어깨 부위를 1회 찼다.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to investigation reports (on-site conditions and photographs of damage, etc.), investigation reports (the statement of shots wire calls);

1. Relevant Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of violence) concerning criminal facts, the choice of punishment, and Article 260 (1) of the Criminal Act (the point of obstructing the performance of official duties) (the selection of imprisonment with labor

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or Article 62-2 of the Social Service Order is an unfavorable circumstance, such as: (a) assaulting a victim of much extension of time to demand the payment of taxi fares; and (b) using violence to police officers dispatched after receiving a report; (c) the nature of the crime is not considerably good; and (d) the Defendant was unable to reach an agreement with

(b).

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