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(영문) 서울동부지방법원 2019.05.13 2018고단4004
폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 14, 2018, at around 15:30 on October 14, 2018, the Defendant: (a) heard the horses and tobacco that are satisfing from the victim D (the age of 25) while drunkly drinking at the “C” Chinese restaurant located in Gangdong-gu Seoul Metropolitan Government; and (b) assaulting the victim by satching the bat.

2. On October 14, 2018, the Defendant: (a) 15:50 on October 14, 2018, the Defendant: (b) expressed an desire to “sprink sprinke, sprinke, sprinke, sprinke, sprinke, sprinked, sprinked, sprinked, sprinked, sprinked, sprinked, sprinked, sprinked, sprinked, sprinked, sprinked, sprinked, sprinked, kick, etc., of the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act and Article 260(1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of assault and the choice of imprisonment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Determination of Punishment) [Obstruction of Performance of Official Duties] [Type 1] No person who has been forced to perform official duties [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation] basic area, six months to one year and six months [the general person] mitigation element: No criminal record exists.

(b) Class 2 crime (determination of types of violence) [Article 1] general assault [Article 1] - mitigated elements (Special Punishments]: cases where the degree of assault is minor (Article 1, 6, 7) (Article 1, 6, and 7).

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