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(영문) 서울서부지방법원 2017.08.30 2017고단1747

폭행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 9, 2017, around 00:00 to 00:30 on the street in front of Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant assaulted the victim’s breast part of his chest due to her head, who was in dispute with the victim C (57 tax) who was a taxi driver due to the problem of taxi charges, when the victim’s breast part was pushed down, and when the victim’s breast part was caught by drinking.

2. 공무집행 방해 피고인은 제 1 항 기재 일시장소에서, 폭행 관련 112 신고를 받고 출동한 서울 용산 경찰서 D 지구대 소속 순경 E가 피고인 및 C을 폭행의 현행 범인으로 체포하자, 경찰관이 자신의 말은 들어주지 않고 택시기사의 편을 든다는 이유로 갑자기 주먹으로 순찰 차 유리창 및 주변에 주차된 차량을 내리치면서 난폭한 행동을 하고, 이를 제지하는 위 순경 E에게 달려 들어 “ 씹할 놈 아. 개새끼야. 나랑 맞짱 까자 ”라고 욕설을 하면서 손으로 E의 멱살을 잡아 흔들고, 주먹으로 오른쪽 얼굴 및 허리를 때리고, 발로 오른쪽 허벅지 부위를 걷어 차 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 260 (1) (the point of violence) and Article 136 (1) (the point of interference with the execution of official duties) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 62 (1) of the Criminal Act on the suspension of execution (in consideration of the circumstances, such as the fact that he/she reflects his/her mistake and has no record of criminal punishment);

1. The community service order under Article 62-2 of the Criminal Act;