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(영문) 서울서부지방법원 2014.11.13 2014고단2669
폭행등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On September 28, 2014, at around 02:57, the Defendant: (a) 112, a police officer, who was a police box of the Seoul Yongsan Police Station, sent out after receiving a report of 112 on the ground that he had drunked the disturbance and expressed desire to customers under the influence of alcohol within the main point of “E” operated by the victim D (the age of 31) located in Yongsan-gu Seoul, Yongsan-gu, Seoul, intended to arrest the Defendant as a flagrant offender, and used the Defendant’s defect in arresting the Defendant as a flagrant offender, such as “a ringer, a slider, a deader, and a deader.” At the head, he received three times the chest of the said police officer G on three occasions; (b) walked the left mouth with a lush, walking him twice, and booming him with a lush hand.

Accordingly, the defendant interfered with the legitimate execution of official duties on the arrest of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of each police statement concerning G and D;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (see, e.g., circumstances to be considered as the reason for sentencing) of the suspended sentence (see, e.g., Supreme Court Decision 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] where the extent of violence, intimidation, and deceptive scheme is insignificant (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 200).

On the other hand, the defendant, who was responsible for his family's livelihood in the situation where the mother of the defendant is living in secret, appears to have committed the crime of this case in contingency under the influence of alcohol, reflects his mistake and has an opportunity to reflect for a certain period of time, etc. are factors for sentencing favorable to the defendant.

The defendant's age, character and conduct, environment, etc. are included in the above circumstances.

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