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(영문) 서울남부지방법원 2016.09.21 2016고단3572
공무집행방해등
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. The Defendant of assaulted on August 2, 2016, around 05:00, at around E in Gangseo-gu Seoul Metropolitan Government D.

C had 2 times back to the right side of C due to the launch of the city expenses. On August 2, 2016, 05:10, the victim F (17 years old) took three times the face of the victim F (17 years old) in the same place as around August 2, 2016.

Accordingly, the defendant assaulted the victim.

2. On August 2, 2016, at around 05:20, the Defendant: (a) was in dispute with C (18) at the same place as indicated in the foregoing paragraph (1) above; (b) was dispatched to the site upon receipt of a report 112, and arrested the Defendant as an offender; and (c) took a bath for a slopeH belonging to the Seoul Western Police Station G District, which runs along the patrol lane, and used the Defendant to walk the chest and the right arms of the said H, etc.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of each police statement protocol to C and H

1. Article 260 (1) (the point of violence, the choice of imprisonment), and Article 136 (1) (the point of obstructing the performance of official duties and the choice of imprisonment) of the Criminal Act applicable to the facts constituting an offense;

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. The scope of the final sentencing due to the aggravation of crimes for the reasons for the sentencing of Article 62-2 of the Criminal Act for the protection and observation of the protection and the sentencing of Article 62-2 (Interference with the Execution of Official Duties) / [the scope of the recommended punishment / [the scope of the punishment by violence] in the basic area (two months to one year) of crimes for which no person has a special sentencing person / [the scope of the recommended punishment] in the basic area (two months to ten months) of Class 1 of the Act on Violence (General Violence) [the scope of the punishment by a special sentencing person]], the scope of the final sentencing due to the aggravated punishment: Six months to nine months [the determination of the sentence] - All kinds of sentencing conditions and the following circumstances. - The sentence shall be determined as per the order, taking into account that there are several unfavorable normal power: the fact that there are several favorable circumstances; the fact that a mistake is committed in favor of others; and the fact that a fine is made.

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