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(영문) 서울서부지방법원 2016.05.20 2016고단468
폭행등
Text

A defendant shall be punished by imprisonment for six 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

On December 20, 2015, the Defendant: F, a police officer belonging to the said D Zone, to undergo an investigation under the suspicion of assault against E before D Zone located in Mapo-gu Seoul, Mapo-gu, Seoul, on December 20, 2015; and

맞짱 뜨자 "라고 욕설을 하고 멱살을 잡아당기며 손으로 가슴을 2회 밀치는 폭행을 하여 위 경찰공무원의 범죄 예방 및 수사에 관한 정당한 공무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (to peruseCCTV dynamics);

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

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

1. The part of dismissing the public prosecution under Article 62-2 of the Criminal Act

1. Around December 20, 2015, the Defendant: (a) committed assault on the part of the victim, i.e., (b) holding the victim’s neck in his/her hands, (c) holding the victim’s neck in his/her hands, (d) holding the victim under the influence of alcohol at “H’s main point located in Mapo-gu Seoul Metropolitan Government G”; and (b) holding the victim’s neck up twice.

2. Grounds for dismissing public prosecution;

(a) Applicable legal provisions: Article 260(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.

(c) Submission of written applications for non-compliance with the punishment of the victim on April 15, 2016;

D. Dismissal of public prosecution: Determination of sentencing under Article 327 subparag. 6 of the Criminal Procedure Act (amended by Act No. 327) is not based on the basic area (from June 1 to April ) (amended by Act No. 1) (amended by Act No. 1) (amended by Act No. 32741, Jun. 1 to April 4) (amended by Act No. 1441, Jun. 200). The following circumstances are determined as ordered by the Criminal Procedure Act in consideration of the Defendant’s age

- The fact that there are five instances of convictions of injury, assault and assault – the fact that there is no past record of criminal punishment exceeding a fine; - The fact that there is a penure of mistake;

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