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(영문) 서울중앙지방법원 2014.06.20 2014고단1859
폭행등
Text

A defendant shall be punished by imprisonment for six 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

1. Around 21:00 on February 6, 2014, the Defendant assaulted the victim on the street, prior to the bankruptcy of Gangnam-gu Seoul, on the ground that the victim C (the 51-year-old age) did not have the main owner in the delivery site, leaving the door-to-door ship to be delivered to the laundry operated by the Defendant, and was able to take care of the victim at one time, with his hand at the victim’s right right-hand knick, with the victim’s clothes laid down, and divers inside the laundry.

2. The Defendant engaged in obstruction of performance of official duties to police officers D and police officers E who patroled at the time, time, and place surrounding convenience points mentioned in the above paragraph (1). The police officers attempted to restrain the Defendant, and the above police officers tried to see that “I am frien, governance,” and assaulted E, such as “I ambrien, I ambrien, I ambrien, I am the chest part of the above E, and I ambrien the back of the above D.

Accordingly, the defendant interfered with the legitimate execution of public duties of the police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Each police statement of E, D, and C;

1. Application of Acts and subordinate statutes to each investigation report (Evidence records 11, 47 pages);

1. Relevant Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act, the choice of applicable Article on criminal facts, the choice of punishment, and Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Act is based on the aggravation of multiple crimes, where the basic area (6 to 1.4 months) of category 1 (Obstruction of Performance of Official Duties) and the basic area (6 to 1.4 months) of the Act on the Performance of Official Duties [no special person] [the scope of recommendations] and the basic area (2 to 10 months) of category 1 (general violence) and the basic area (2 to 10 months] of the Act on the Performance of Official Duties.

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