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(영문) 서울남부지방법원 2018.05.23 2017고단6149

폭행등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. The Defendant used violence as social service personnel from the subway “E” platform located in Guro-gu Seoul Metropolitan Government on October 4, 2017 around 18:40 on October 4, 2017.

C Upon receiving a report on the fact that he was used on the platform by a person who gets off the platform, the victim assaulted the victim, such as taking the victim's neck, on the ground that he was frightening about four times a part of the vessel by drinking the Defendant, and drinking it to C.

2. On October 4, 2017, the Defendant, at around 19:00, took a bath to the Defendant, who was arrested by the police officer, who was on the 112 report that the male drinking in the above E intends to injure people, and was arrested by the police officer belonging to G District Unit in Seoul, Guro-gu, Seoul, Police Station G District, and was on the patrol of the police officer, and was on the duty to take a bath to the Defendant, who was on the right face of H, with his head.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders and the handling of cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each statement of F and C;

1. The results of the recycling of CCTV and black stuffs video materials;

1. A report on dispatch to the scene of the assault case;

1. A detailed statement of the processing of reported cases;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes on CCTV image data;

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

B. No. 2 (Assault) is the basic area (from February to October) of the second type of assault crime (in general), there is no person who is subject to special sentencing).