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(영문) 서울동부지방법원 2014.07.02 2014고단1393
폭력행위등처벌에관한법률위반(공동폭행)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 13, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint violence) along with B (request for a summary order on the same day) and on the ground that, around 02:40 on April 13, 2014, the victim reported to the police about the victim E (the age of 20) before about 30 minutes in front of the “D” located in Gangdong-gu Seoul Metropolitan Government C and the fourth floor, and the victim reported about the victim E (the age of 20).

As a result, the Defendant assaulted the victim jointly with B.

2. The Defendant of obstruction of performance of official duties stated in paragraph (1) and at the date, time, and place of the 112 report and sent to the scene by G, a police officer belonging to the Seoul Gangseo-gu Police Station F District, to arrest the Defendant as a flagrant offender for the foregoing reasons. The Defendant expressed that “this spaws, spaws, spaws, and spaws,” and told G to arrest the Defendant as a flagrant offender.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the respective laws and regulations of H, I, J, K and L;

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 1 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution, Article 62(1) of the Act on the Punishment of Violence: (a) Category 1 (Decision on the Place of Recommendation) [Decision on the Place of Recommendation] (Decision on the Place of Recommendation] basic area / [Scope of Recommendation] from February to October / [Decision on the Place of Obstruction of Performance of Official Duties] (Special / Force of Obstruction of Performance of Official Duties] - In a case where the degree of assault, intimidation, and deceptive scheme is minor [Decision on the Place of Recommendation] mitigated area [Scope of Recommendation] / [Scope of Recommendation]

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