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(영문) 서울남부지방법원 2019.09.18 2019고단1735

폭행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around January 22, 2019, the Defendant assaulted the victim by drinking and spawning the victim’s face and body due to drinking and spawn while drunked with the victim C in front of the Guro-gu Seoul Metropolitan Government building B, which was under the influence of alcohol.

2. At around 01:50 on January 22, 2019, the Defendant: (a) 01:50 at the foregoing place; (b) 112 reported and sent to the site; and (c) Habman expressed that “this spaws, fright, bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” she saw the Defendant as a flagrant offender at the suspicion of assault; and (d) flicked the e and F’s dub, f.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in regard to 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement of E and F;

1. Application of each video CD-related statute;

1. Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

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

1. Scope of punishment by law: One to seven years of imprisonment;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

C. Scope of recommendations according to the standards for handling multiple crimes: Six months to one year (the maximum of crimes No. 2). 3.