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(영문) 서울북부지방법원 2012.12.27 2012고단2008
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 20, 2001, the Defendant was sentenced to a suspended sentence of 8 months for the purpose of obstruction of performance of official duties, etc. by the Seoul Central District Court, and on July 2, 2012, the Defendant was issued a summary order of 1 million won by the Seoul Northern District Court as an assault, and the same force is ten times.

【Criminal Facts】

1. On July 22, 2012, at around 20:35, the Defendant expressed “D” points operated by the victim C (n, 48 years of age) located in Gangnam-gu Seoul Metropolitan Government, the Defendant expressed that the Defendant would avoid disturbance, who was requested by the victim C to make a prompt use of the victim C, and that “this spath, spath, and spath, spath,” and would assault the victim C’s face at one time and one hand with the victim C’s hand, who was in the seat adjacent to the victim E (e.g., 54 years of age), and would be able to take the victim’s face from the victim E (e., 54 years of age), and assault the victim E on his/her hand.

2. On July 22, 2011, the Defendant: (a) at the above main station; (b) on July 22, 201, at the 20:45, the Defendant: (c) notified the principle that a slope F of the Seoul Southern Police Station Suchip affiliated with the Seoul Southern Police Station Suchip, who was dispatched after being reported 112, was able to arrest flagrant offenders due to assault charges; and (d) stated F as “F’s bit bit of bit of a bit of a bit of a bit of a bit of a police force,” and obstructed F’s legitimate performance of duties concerning the arrest

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, E, and F;

1. Application of Acts and subordinate statutes to inquiry reports;

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

(a) Each assault: Article 260 (1) of the Criminal Act;

(b) Obstruction of performance of official duties: Article 136 (1) of the Criminal Act.

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crimes of obstruction of performance of official duties heavier than punishment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Types of obstruction of performance of official duties:

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