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(영문) 서울중앙지방법원 2015.04.02 2015고단429
폭력행위등처벌에관한법률위반(공동폭행)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On December 21, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint violence) (hereinafter “Joint Violence”) and on December 21, 2014, on the grounds that the Defendant was living as a customer within the “D cafeteria” located in Gwanak-gu in Seoul Special Metropolitan City, on the ground that the victim E (V, 27 years of age) who was on the next table and his her her her son leaves, expressed the victim’s bath, and was able to take the victim’s head head knife. B.

Accordingly, the Defendant assaulted the victim jointly with B.

2. At around 05:35 on December 21, 2014, the Defendant was arrested as a flagrant offender with the suspicion of exercising the above violence within the G District of the Seoul Gwanak-gu Seoul Gwanak Police Station G District in Gwanak-gu in Seoul Special Metropolitan City and waiting for the obstruction of performance of official duties.

While getting out of the earth zone, H and I, who are police officers belonging to the earth zone, prevented the defendant from leaving the earth zone, thereby hindering the police officers from performing their legitimate duties concerning the investigation of crimes and on-in-land duties by spiting spiting the face of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes of E;

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 of the Criminal Act, and Article 136 (1) of the Criminal Act;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Act is the first offense (Obstruction of Performance of Official Duties) (Scope of Recommendation) of Part I (Obstruction of Performance of Official Duties/Compulsory Obstruction of Performance of Duties) (Special Mitigation) of the mitigation area (1 to 8 months), in the event that the degree of assault, intimidation, and deceptive scheme is minor, the second offense (in the event that the degree of assault is minor, the scope of Recommendation) of the mitigation area (1 to 1 months (1 to 8 months) of the mitigation area (1 to 1 months), in the case where the degree of assault is minor, the scope of final sentencing due to the increase of multiple offenses: one month to 1 year (decision of sentence):

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