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(영문) 서울동부지방법원 2017.01.19 2016고단3911

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2016, around 04:30 on October 27, 2016, the Defendant arrived at the front of the Gocheon-ro 366, Gangdong-gu, Seoul, Gangdong-gu, the destination of which was a C taxi in B operation, but did not cause diving.

B reported to the police that did not occur even though the Defendant was broken at several times, and the police officer E belonging to the Seoul Gangnam Police Station D police station, which called upon the report, demanded the Defendant to return home by shouldering the Defendant, but he b, who was a taxi engineer, was under the influence of alcohol and assaulted.

Thus, E notified that he is arrested the defendant as a current offender, and by walking the E's emotional save, it obstructed the police officer's legitimate execution of duties related to the investigation of crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the upper part of the damaged police officer's photograph;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months and up to April 1, one year and one year; and < by Act No. 1 (Interference with and Forced Performance of Official Duties). The basic area (from June to April 1) - No person subject to a special sentencing: No. 1;

2. The Defendant committed an offense obstructing the performance of official duties by assaulting a police officer who tried to arrest the Defendant as an offender without paying a taxi fee, and the Defendant committed an offense punishable by violence, etc. is considered to be disadvantageous to the Defendant.

On the other hand, it is favorable to the defendant that the defendant has no criminal history above the same performance of official duties or suspended execution, and that the defendant has recognized all crimes in this law.

The above various circumstances are shown in the trial process of this case, such as the defendant's age, sex, and circumstances before and after the crime.