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(영문) 부산지방법원 2013.05.24 2011고합407 (2)

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 11, 2012, in collusion with C, D, and E on October 11, 2012, the Defendant: (a) committed assault on the street in front of “GPC bank” located in F, Busan, under a warrant of arrest of the assistant I belonging to the Busan, the Busan, Police Station H branch of the H branch of the H branch of the H branch of the police station; (b) the Defendant attempted to arrest the Defendant under a warrant of arrest of both descendants; (c) I’s arms; (d) I’s hump; (e) hump; and (e) hump B’s hump with both hands; and (e) C interfere with the legitimate performance of duties concerning criminal investigations by the police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in C in the 9th trial records, D, E, and C in the 10th trial records;

1. Application of each Act and subordinate statute to the police statement to I, J and K;

1. Articles 136 (1) and 30 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as provided for in the crimes of obstruction of performance of official duties againstJ heavier than the punishment of the principal);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on a suspended execution ( considered as favorable circumstances in the rear);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment] imprisonment with prison labor for not more than five years (the decision of sentence] imprisonment with prison labor for not more than six months, and the defendant for two years of suspended execution was assaulted by police officers who intend to execute arrest warrant against C. In light of the importance of criminal justice procedures, it is very poor that the nature of the crime is very poor, it is necessary to

However, in light of the fact that there is no record of criminal punishment, and that C did not know of the fact that C was designated, it appears that he committed the instant crime somewhat contingently, and the fact that the Defendant seems to have yet to be capable of edification and improvement as the young age of 21 years old, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s character and behavior, family relationship, etc.