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(영문) 서울남부지방법원 2016.02.17 2015고단5399
폭행등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On November 12, 2015, the Defendant assaulted the Victim B (47 tax) by hand within the passenger car of subway 2 lines, which is proceeding in the subway station of Seoul subway, around 22:00, on two occasions, and the Victim C (41 tax) with the Defendant’s son’s hand, with the Victim C (41 tax), and her flabbling and leading the Victim C’s flab.

2. The Defendant interfered with the performance of official duties on November 12, 2015, who was asked questions about the developments of the assault from D, who was called out after receiving 112 reports from the opening site of the first floor underground in Gangseo-gu Seoul Metropolitan Government Gangseo-gu, Gangseo-gu, Gangseo-gu, Seoul, the first floor above 54, the 54, the Han River basin.

anywhere;

Doescen as police station;

In the past, he saw a bath, such as “Chewing cut,” and assaulted by hand, such as flabing a ebbbbial of ice D, cutting off the scam, cutting off the scam, cutting off the flab, pushing the chest.

Accordingly, the defendant assaulted D who is a police official, thereby hindering legitimate execution of duties concerning prevention, suppression and investigation of crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written statement in C, B, and E;

1. Application of Acts and subordinate statutes to a report on site of violence case;

1. Relevant provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of each assault) and 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. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. From February to October of each of the crimes of assaulting the scope of the sentencing guidelines on the recommendation guidelines: Imprisonment with prison labor for up to one year and four months [referring to six months to one year and four years [the group of crimes obstructing the performance of public duties, the obstruction of the performance of public duties, the obstruction of the performance of public duties, the obstruction of the performance of public duties, the obstruction of the performance of public duties, the basic area]] for the disposition standards for multiple crimes: Six months to two years;

2. The Defendant, who was sentenced to a suspended sentence of imprisonment for the same kind of crime, committed each of the crimes in this case, despite five times the criminal records of the same kind of crime, and intended to recover damage.

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