폭행등
A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
(e).
The defendant is the victim who was dispatched from the emergency room of the C Hospital on November 26, 2016 to E, etc. belonging to the Seoul Gwangjin-gu Police Station D police station, who was dispatched after receiving the report from around C Hospital emergency room around November 26, 2016.
Before the Japanese colonial era, the police officer was able to be called “fule, such as a fule,” and assaulted by the above police officer’s chest due to drinking, thereby hindering the police officer’s legitimate performance of duties concerning the prevention and investigation of crimes, public peace and order maintenance.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the law of the police statement protocol to F;
1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;
1. Where the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] impedes the performance of official duties, and the extent of assault, intimidation, and deceptive scheme is minor (one month to eight months) in the mitigated area (a special mitigated person] [a decision of sentence]: Imprisonment with prison labor for five months, one year following the suspended sentence, the defendant's age, sex, family behavior, family relationship, motive and means of the crime, and circumstances after the crime, etc. shall be comprehensively taken into account and determined as ordered in the Disposition.
A favorable circumstance: A crime committed by an elderly defendant by contingency.
Confession of crimes and reflects them.
The degree of interference with the performance of official duties is not serious.
There is no record of criminal punishment for the last 13 years or more.
Unfavorable circumstances: The offense of using violence against police officers in the course of performing official duties is unfavorable because of the defendant's wrong mobilization.
Dismissal of Prosecution (the point of assault)
1. On November 26, 2016, the Defendant, at around 20:45, committed violence against the victim’s back to the floor of the emergency department of the C Hospital located in Gwangjin-gu Seoul Special Metropolitan City by avoiding the disturbance before the center of the C Hospital. The Defendant, who is the security personnel of the said hospital, committed assault by the victim H, who is about to see the above section, with the defect in which the victim H intends to flow to the said section, or with the hand.
2. Determination
(a) the applicable legal provisions;