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(영문) 의정부지방법원 고양지원 2017.01.13 2016고단3177
특수폭행등
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

1. A special assault: (a) around August 5, 2016, the Defendant: (b) committed assault against the victim, who was in periled with the victim C(35 years of age) of the building B in Japan-dong-gu, Ulsan-gu; (c) around 22:20 on August 5, 2016; and (d) committed assault against the victim of steel products, which are dangerous objects of view (30cm in length).

2. 공무집행 방해 및 모욕 피고인은 2016. 8. 6. 00:20 경 고양 시 일산 동구 D에 있는 일산 경찰서 E 사무실에서, 그 직전 재물 손괴죄의 현행 범인으로 체포되어 위 사무실로 인치된 피고인을 석방해 주지 않는다는 이유로 소란을 피우던 중, 이를 제지하던 위 경찰서 소속 경찰관인 F에게 ‘ 씨 팔 놈 아, 내가 뭘 잘못 했냐

’ 고 욕설을 하면서 주먹으로 위 경찰관의 오른쪽 얼굴을 1회 때리고, 발로 위 경찰관의 왼쪽 허벅지를 1회 걷어찼다.

The Defendant, immediately after being moved to the waiting room for a civil petitioner, was brought in by the Defendant, and the police officers continued to take the view of the above police officers, such as “I mp ring and I sp spring, I spring,” while hearing other civil petitioners and police officers.

Accordingly, the defendant interfered with the legitimate performance of duties by the police officer on the maintenance of order in the police station, and insultd the above police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Inquiry into the results of police statements made by C and F concerning the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to photographic materials, such as physical diseases;

1. Relevant Article of the Criminal Act and Articles 261, 260 (1), 136 (1), and 311 of the Criminal Act (Options of imprisonment with prison labor);

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant is subject to disturbance at the police station for a considerable period of time, and is criticized for the crime of this case.

However, for the purpose of police officers, there is an agreement that the defendant has agreed with the victim of special assault as a first offender, and is detained for a certain period.

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