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(영문) 서울남부지방법원 2020.03.26 2019고단2093

폭행등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 04:55 on April 22, 2019, the Defendant got off the face of the victim on the floor of drinking and hand, on the ground that the victim, while drinking alcohol together with driving of the victim D (year 47) before the victim C located in Yeongdeungpo-gu Seoul Metropolitan Government, said, while drinking alcohol, said the victim said that he was “blading”.

Accordingly, the defendant assaulted the victim.

2. On April 22, 2019, the Defendant committed an assault against the foregoing D, and at around 06:00 on April 22, 2019, the Defendant committed an assault against the Defendant: (a) on the ground that he was waiting to undergo an investigation at the 608 Yeongdeungpo Military Police Station criminal charge of the previous Defendant’s case at the Yeongdeungpo Military Police Station as the Seoul Yeongdeungpo-gu Seoul National Assembly, and the police officer E at the Yeongdeungpo Military Police Station criminal charge of the previous Defendant’s case, and that he said that he was “hicking at this place” and “hicking out”, and that he was “hicking out of this spath; and (b) was flicked with E by hand, flaping and flaping E with hand.

As a result, the defendant interfered with the legitimate execution of duties of police officers' criminal investigations.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. D's written statement;

1. Application of Acts and subordinate statutes to a report on investigation (limited to crimes and CCTV);

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Grounds for sentencing under the former part of Article 37 and Article 38 (1) 2 of the Criminal Act among concurrent crimes;

1. One to seven years of imprisonment with prison labor for the range of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. The second crime (determination of types of assault) is committed on the basis of assault [Class 1] and there is no general assault [the area of recommendation and the scope of recommendation] [the scope of recommendation] basic area, imprisonment from February to October.