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(영문) 수원지방법원 안산지원 2017.07.20 2017고단1297
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

1. Around February 25, 2017, the Defendant was a foreigner of Chinese nationality, and around February 22:20, 2017, the Defendant got out of the contact with the victim D (Inn, 52 years of age) to “(in moving the Defendant’s vehicle) to move the vehicle.” On the part of the victim’s movement with the said victim, the Defendant got out of the contact with the victim, “(in moving the Defendant’s vehicle).” Around February 25, 2017, the Defendant took part of the part of the victim’s body by hand, who was making a dispute over the said victim’s movement with the said victim.

2. The Defendant interfered with the performance of official duties on 25. 02. 25. 22:20 on 2017, who assaulted E, “(the Defendant)” and “the escape of the Defendant.”

“On the report of 112, the police officer G belonging to the F police station called F police station arrested him from the police officer G to commit the crime of assault as referred to in the preceding paragraph, and, upon arresting him, took the patrol car (No. 24) and walking a door even by him. The above police officer’s left part of the police officer’s failure to stop the Defendant’s happiness was broken.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. The application of the Acts and subordinate statutes of Chapter 8 to 8 of the Act and subordinate statutes to patrolmen on the main pages of the video records of G damage, the victim D's photo, and the records of the video records;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are as follows: (a) a crime (Interference with the execution of official duties) for the reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommended punishment] [the scope of interference with the performance of official duties] and Article 62(1) of the Act on the Suspension of Execution, and Article 62(1) [the scope of recommended punishment] and Article 2 of the Act on the Grounds of No. 1 (Interference with the Execution of Official Duties] [the scope of recommendations] [the scope of recommendations] are as follows: (b) a basic area (two months to ten months) for the crimes of assault (a person with special sentencing].

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