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(영문) 서울중앙지방법원 2020.06.04 2020고단1912

특수폭행등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. At around 02:40 on December 10, 2019, the Defendant carried the victim C (the age of 26) and his/her daily activities in front of the Seoul Special Metropolitan City, Gwanak-gu Bab, without any justifiable reason, carried the victim’s breath, flap, and carried the victim’s breath with her hand, and her hand was faced with the victim’s parts, such as the victim, by carrying dangerous things. On December 10, 2019, the Defendant assaulted the victim by carrying the dangerous things. 2. On the same day, the Defendant was arrested as a flagrant offender under suspicion of assaulting C from the “E District” located in Gwanak-gu, Seoul Special Metropolitan City on the same day, and was arrested as a flagrant offender and requested to affix a seal on confirmation, etc. confirming his/her right at the time of arresting an offender in the act of committing an act of crime, the Defendant made the victim’s breath hand to “F.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F and C;

1. G statements;

1. Investigation report (MethodCCTV recycling verification, and CCTV images inside E district);

1. Application of Acts and subordinate statutes on video CDs, CCTV CDs, and CCTVs for crime prevention;

1. Articles 261, 260, and 136 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) Group 1 crime (Special Violence Decision) (Special Violence / [Determination of Punishment] Violence / [Type 6] No repeated crime, special Violence (Special / Special /Special / (Special / Recommendation field and Recommendation / Scope of Recommendation)] basic area, imprisonment with prison labor for up to April 10 months;

(b) Type 2 (Obstruction of Performance of Official Duties).