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(영문) 서울중앙지방법원 2015.03.12 2015고단166
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 of the final judgment.

Reasons

Punishment of the crime

1. Around January 1, 2015, the Defendant assaulted the victim F (the age of 33) face of the victim F (the age of 33) who satise while she was working in a “D” restaurant located in Gwanak-gu in Seoul Special Metropolitan City, 01:15.

2. The Defendant: (a) committed an assault against the Defendant at the time and place specified in paragraph (1) of this Article; and (b) the police officer affiliated with the Seoul Gwanak Police Station G District G District, who was dispatched after receiving a report of 112, expressed that “I must see to see to her head,” and expressed two drinking faces; and (c) the said H H’s kne, who tried to arrest a flagrant offender, committed assault to 3 to 4 occasions, thereby obstructing the police officer’s legitimate performance of duties concerning the suppression of the offense and arrest of a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of imprisonment for a crime

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

1. Reasons for the sentencing of Article 62(1)(b) of the Criminal Act on the suspension of execution [Scope of Recommendation] The basic area (two months to one year and four months), the basic area (two months to ten months), the basic area (the scope of the final sentence] (the scope of the sentence] from June to one year [the final sentence]: The sentencing factor unfavorable to the defendant is a fine for the obstruction of performance of official duties in the past, two times of a fine as a crime of assault, two times of a fine as a crime of insult, three times of a fine as a crime of obstruction of official duties, and three times of a fine as a crime of obstruction of official duties. However, the defendant repeated the same kind of crime even though he/she had the past record of having been punished by a fine as a crime of obstruction of official duties in the past.

In addition, it is not good that the victim has been punished by a fine due to interference with the business of the victim and the victim has been found in the state of exploitation and again commits violence.

In addition, immediately after the crime is committed, it is necessary to continue to take care of the police station's seat after the crime is committed.

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