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(영문) 의정부지방법원 고양지원 2019.01.24 2018고단2853
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 23, 2018, the Defendant: (a) around 02:10, the Defendant placed a vision, such as drinking the disturbance with D(30 years of age) a guest who had drinking alcohol on the part of the Defendant, by drinking alcohol, drinking alcohol, and drinking beer disease at the “C” restaurant located in Yongsan-gu Busan Metropolitan City B; and (b) drinking the disturbance with D(30 years of age).

Afterwards, the Defendant, outside a restaurant, completed the calculation of the drinking value in front of the building E-dong, and expressed a complaint to the victim coming out of a restaurant as above, and expressed the victim’s desire to read “Iddi, Isle, Isle, Isle, Isle, Isle, Isle, Isle the victim’s side part of the victim’s side frith, and assaulted the victim at a time of the victim’s side frith, Isle.

2. At around 02:20 on October 23, 2018, the Defendant engaged in obstruction of performance of official duties: (a) arrested a flagrant offender as a flagrant offender by a police officer, such as a police officer belonging to the F Zone of the Gyeonggi Winter Police Station, the Gyeonggi Winter Police Station, who was reported on 112 as such assault; and (b) was seated on the back of the patrol vehicle, and went off from the vehicle due to his own scam, and continued to go back on the back of the said G with his hand when the left side of the said G was fright back to the right side of the said G, and the Defendant committed assault, such as the vehicle going back to walk the line of the said G due to its appearance.

Accordingly, the defendant interfered with the legitimate execution of official duties in relation to the arrest of police officers in flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. A H statement;

1. Application of Acts and subordinate statutes to the investigation report (I);

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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. First crime (Obstruction of Performance of Official Duties) applicable to sentencing guidelines for sentencing under Article 62-2 of the Criminal Act of the community service order.

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