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(영문) 서울서부지방법원 2017.03.16 2016고단3664

폭행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 27, 2016, the Defendant committed assault, such as assaulting, around October 23:20, 2016, on the front of the “D cafeteria” in Eunpyeong-gu Seoul Metropolitan Government, and on the front of the “E” danran bar, for the reason that it was obstructed by the victim F (45 years of age) from promising to sing in the singing machine at the singing machine, going beyond the floor, cutting the victim’s sing on the singke, going up on the victim’s body, taking a shoulder and face, etc.

2. The Defendant interfered with the performance of official duties at the time, time, and place described in paragraph 1, and after receiving a report of 112 that the Defendant wraped as above, Seoul sent to the Defendant, who was arrested in the act of committing an act in the line from the police officer H, etc. belonging to the Pyeongtaek Police Station G police box, the Defendant sent the face of the above H one time to walk.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention of crimes and criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and F;

1. A copy of the service log of the damaged photograph (H) and G police box;

1. Application of Acts and subordinate statutes to a report on investigation (receiving a written opinion);

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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. The scope of the final sentence due to the aggravation of sentence under Article 62(1) of the Criminal Act for the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution of Official Duties (Scope of Recommendation) is limited to the crimes in Article 62(1) [Article 62(1) [Article 62(1) of the Criminal Act for which there is no person subject to special sentencing [Article 62(1)] in the basic area (Article 62(1) [Article 62(1) [Article 62(1)] (Article 62(1) [Article 62(1) [Article 62(1) [Article 62(1) [Article 62(1) [Article 62(1) [Article 62(1)] of the Act on the Suspension of Execution of Official Duties, and Article 62(2) [Article 62(1) [Article 62(1)] of the Act on the Suspension of Execution of Official Duties].