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(영문) 서울동부지방법원 2016.05.26 2016고단842
공무집행방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 폭행 피고인은 2016. 3. 20. 02:00 경 서울 강동구 명일로 269( 길동 )에 있는 원 불교 강동 교당 앞 도로에서, 피해자 B(15 세) 이 일행들과 함께 농구공을 바닥에 튕기면서 걸어가는 것이 시끄럽다는 이유로 손으로 B의 얼굴을 밀치고, 이를 제지하기 위해 다가온 피해자 C(17 세) 의 표정이 마음에 안 든다는 이유로 주먹으로 C의 얼굴을 때렸다.

Accordingly, the defendant assaulted victims.

2. The Defendant who interfered with the performance of official duties was arrested as a flagrant offender on March 20, 2016 as the assault described in paragraph (1) around 02:20 on March 20, 2016, and was transferred to the E district of the Seoul Gangdong Police Station E district located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul. On the same day, around 03:05, the Defendant provided that “I shall not have any kids kids s

“The Government of the Republic of Korea’s authority is large” with the defect in the E District (45 tax) E District of the Seoul Gangnam Police Station E District, and with the f’s chest in both arms, and with the threat “the Government of the Republic of Korea’s authority”;

이 짭새 새끼야 ”라고 욕을 하며 주먹으로 F의 왼쪽 얼굴을 1회 때렸다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against C, B, and F;

1. Each investigation report (investigation into a wooden phone);

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

1. Relevant provisions of the Criminal Act, Articles 260(1) and 136(1) of the Criminal Act, and Articles 136(1) of the same Act, the choice of imprisonment for a 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. Sentencing 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) is the basic area of crimes (Assaults) of the Sentencing 1 (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) (6 months to 1 year and 4 months) (Special Sentencing) (hereinafter referred to as "Special Sentencing"), and the basic area of crimes (Assaults) of the Sentencing 2. (Scope of the recommended punishment).

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