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(영문) 수원지방법원 2018.03.21 2017고단7595
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 21, 2017, the Defendant: (a) 17:16 on October 21, 2017, the Defendant considered the victim C (45 years of age) knenee and knee knee knee knee knee knee knee knee knee knee knee knee knee kne

However, the victim refused to use the victim's hand, and assaulted the victim, such as the victim's buck at one time, and booming the two arms of the victim.

2. On October 21, 2017, around 17:25, the Defendant obstructed the police officer from performing official duties by assaulting a police officer in the course of performing official duties, such as spiting the above E, and taking the 112 police officer’s legitimate performance of duties concerning handling of reports by the police officer, by assaulting a police officer on the right side of his 112, who was under official duties, at the police station D police box belonging to the Jung-gu Seoul Special Police Station D, Seoul Special Metropolitan City Police Station, who was in force upon receipt of a 112 report that the said assault case occurred at the above site.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A written statement in F and G preparation;

1. Application of Acts and subordinate statutes to the 112-Report processing table, victim photographs, CDs or CCTV images to the photographic Act and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. Application of the sentencing criteria;

(a) Class 1 - The sentence of recommending interference with the performance of official duties: Six months to one year and six months (basic areas): None of them;

(b) 2nd offence - The sentence of recommendations to make a width: there shall be no special sentencing factors from February to October (basic areas):

(c) Many crimes: From June to November; and

2. The fact that the police officer who conducts the decision-making process of sentencing did not commit the crime and did not recover any damage to the victim of the assault.

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