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(영문) 서울남부지방법원 2015.10.29 2015고단3504
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.

(e).

Reasons

Punishment of the crime

On August 15, 2015, at around 03:00, the Defendant recommended that “D” located in Yeongdeungpo-gu Seoul Metropolitan Government “D”) and sent to the site after receiving a report of 112, F of the police station E District of Seoul Yeongdeungpo-gu Police Station E District would pay the drinking value and have returned home, and that “I am out, it is difficult for this young young son to do so, so that I am out, am out, die, dead, and arbitra, I am out, and am out on one occasion at the left side of the border F.

As above, the Defendant assaulted the police officer F, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of the 112 Reporting Incident.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photographs of damaged police officers;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Performance of Official Duties (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution) has no basic area (Article 6-1 and 4 months) (Article 6-1 of the Act on the Suspension of Performance of Official Duties) (Article 1 of the Act on the Suspension of Performance of Official Duties) (Article 62 of the Decision on the Punishment of Sentence] (Article 2(1) of the Act on the Promotion of Execution of Official Duties) (Article 1

Public Prosecution Rejection Parts

1. Around 03:00 on August 15, 2015, the Defendant used alcohol in “D” located in Yeongdeungpo-gu Seoul Metropolitan Government, and used the victim G(the age of 44) with her hand at one time, without any reason, for drinking alcohol in “D” located in Yeongdeungpo-gu Seoul Metropolitan Government.

2. This part of the facts charged is a crime falling under Article 260 (1) of the Criminal Act and cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the records, the victim's punishment against the defendant after the prosecution of this case was instituted.

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