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(영문) 서울남부지방법원 2016.12.02 2016고단4321
폭행등
Text

1. Defendant A shall be punished by imprisonment with prison labor for ten months;

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On June 1, 2016, around 00:55, the Defendant: (a) was arrested as a flagrant offender in suspicion of assault from a slope H belonging to the G District in the Gangseo-gu Seoul Metropolitan Government Police Station G District, which was called out after receiving 112 reports at the F main points located in the fourth floor of Gangseo-gu Seoul Metropolitan Government E, and was assaulted by the Defendant, such as flabing H’s blaps by cutting down the breath, skeing H by hand,

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

B. At around 01:20 on June 1, 2016, the Defendant expressed the victim slope H, a police officer belonging to the said district, “I, she was suffering from assault damage, she was fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright.”

Accordingly, the defendant openly insultingd the victim.

2. Defendant B’s above Defendant A.

In order to arrest A as a flagrant offender at the time, place, and 112 report, and arrest A as a flagrant offender, he assaulted K by putting the breath of the border site belonging to the Seoul Gangseo Police Station G District by hand and destroying K.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning H, K, and L;

1. Written statements;

1. A complaint filed for the preparation of H;

1. A report on dispatch to a scene of violence;

1. Investigation report (No. 5 of the evidence list);

1. Investigative report (to hear statements by police officers damaged by insult);

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Article 136(1) of the Criminal Act of Defendant A (the obstruction of the performance of official duties, the choice of imprisonment), Article 311 of the Criminal Act

B. Article 136(1) of the Criminal Code of Defendant B (the obstruction of performance of official duties and the choice of imprisonment)

1. The former part of Article 37 of the Criminal Code, which increases concurrent crimes (Defendant A).

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