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(영문) 서울남부지방법원 2017.07.14 2016고단6189
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On September 7, 2016, the Defendant: (a) threatened the victim E (39 years of age) with a view to threatening the victim’s face at one time, on the ground that the Defendant did not refund goods in D stores located in Yangcheon-gu Seoul Metropolitan Government C1 floor; (b) assaulted the victim’s right face at one time by left hand.

2. The Defendant interfered with the business of the Victim E by the threat of force between about 20 minutes, such as hinginging the Carbr’s calculation team to a large sound at the above time and at the above place, and hinging the carbr’s monitoring by hand.

3. The Defendant: (a) during the foregoing time, at the same place, and at the same time and place, asked questions by Gman Park who belongs to the Seoul Yangcheon Police Station F District; and (b) during the 112 report; and (c) during the 112 report processing and criminal investigation, the Defendant expressed that “I am dead,” she took a bath to “I am dead, this am dead,” and assaulted by his hand on three occasions the chest of the above G, thereby obstructing the police officer’s legitimate execution of duties in relation to the handling of reports and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Statement of the police officer concerning G police officer;

1. Application of CCTV-cape photograph Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (Assaults and choice of imprisonment), Article 314(1) of the Criminal Act (Interference with business, Selection of imprisonment, and Selection of Penalty) and Article 136(1) of the Criminal Act (Interference with the performance of public duties and Selection of Imprisonment) of the same Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Sentencing 1 Crimes (Obstruction of Duties) No. 1 Crimes (Obstruction of Recommendation) [Scope of Duties] No. 2 Crimes (Obstruction of Performance of Duties from June to January) in the basic area (Obstruction of Duties) No. 1 (Obstruction of Duties) [Scope of Recommendation] No. 1 Crimes (Obstruction of Performance of Duties) in the basic area (Obstruction of Performance of Duties and Forced Performance of Duties) [Scope of Recommendation] No. 3 Crimes (Assault) in the absence of a person subject to special sentencing [Scope of Recommendation] in the basic area (No. 6 months to January 4) in the basic area (Obstruction of Performance of Duties and Forced Performance of Duties] No. 3 Crimes (Assault] in the basic area (No. 2 months to October) of Type 1 (No. 1) in the basic area (No. 4 months to a person subject to special sentencing].

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