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(영문) 부산지방법원 동부지원 2016.11.16 2016고단1697
폭행등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Around 00:30 on September 19, 2016, the Defendant: (a) at the C Hospital emergency room located in Suwon-gu, Busan; (b) took care of the Defendant’s wife as soon as possible; (c) took care of the Defendant’s wife against his/her doctors and nurses; and (d) took care of the victim D (age 32) who is an employee of the said hospital, and assaulted the victim by taking care of the victim’s distribution, side glass, timber, shoulder, breast, face, etc.

2. On September 19, 2016, the Defendant obstructed the legitimate performance of official duties related to the escort of the police officer by assaulting the police officer, such as the police officer F, etc. belonging to the Busan Southern Police Station E zone, arrested a flagrant offender from F, etc. belonging to the Busan Southern Police Station E zone, and moving to the criminal system of the Busan Southern Police Station, on September 19, 2016, around 02:30, in front of the Busan Southern Police Station, the Defendant obstructed the police officer’s face, snow, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute to the statement of D and F;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment for an offense

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

1. Article 62(1) of the Criminal Act (see, e.g., the extent of the instant assault and the obstruction of performance of official duties, and the fact that the Defendant has no criminal record)

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