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(영문) 서울서부지방법원 2017.10.26 2017고단486

폭행등

Text

A defendant shall be punished by imprisonment for not less than eight 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

around 04:35 on January 4, 2017, the Defendant demanded on the ground that the victim E (37 tax) who driven a taxi in the next lane while driving a bicycle going beyond the central line and was driving a bicycle at the front of a restaurant called “D” located in Eunpyeong-gu Seoul Metropolitan Government, Seoul, demanded on the ground that the victim E (37 years) who driven a taxi gets light.

The Defendant expressed the victim’s desire to “I see another person, spit, spit, and spit in the face, spite the victim’s chest by hand, and assaulted the victim’s shoulder by selling.”

On August 25, 2017, the Defendant: (a) reported to the G cafeteria located in Eunpyeong-gu Seoul on August 25, 2017 at around 05:15, and reported to 112, Seoul: (b) recommended the police officer I belonging to the Eunpyeong Police Station H District to return home; and (c) “Neine” to the Defendant.

It is also the police.

Ga. C. Ga. Ga. Ga. Ga. Ga. Ga. Ga. Ga. Ga. Ga. Ga. Ga. Ga. Ga. Ka. Ka. Ka. Ka. Ka. Ka

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

Summary of Evidence

"2017 Highest 486"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report of investigation (Evidence No. 4) 2017 order 2502 group;

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of the Acts and subordinate statutes concerning a photographic image of a mobile phone;

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. Article 62(1) of the Criminal Act provides for the reasons for sentencing under Article 62(1) of the suspended sentence, and Article 62(1) of the Criminal Act provides that the basic area (from June to one year and six months) of the Act on the Suspension of Execution of Official Duties (the scope of recommended punishment) (the scope of recommended punishment) is the basic area of crimes (the range of February to October) under Article 62(1) of the Act on the Suspension of Execution of Official Duties.