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Reasons
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(영문) 인천지방법원 부천지원 2015.04.15 2015고단487
폭행등
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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. At around 15:05 on February 8, 2015, the Defendant received 112 reports that he was assaulted on the street B in front of the Seocheon-gu Seoul Special Metropolitan City, Seocheon-gu, Gyeonggi-do, and obstructed the police officer’s legitimate execution of his duties by assaulting the victim and witness in the Do, where he heard his statement about the circumstances of the case against the victim of the assault and witness at the site, etc., during the Do, the Defendant: (a) Do, who was under the influence of the police officer, called “Isker,” “Isker, Isker, Isker, knick, and knick, etc.; (b) the police officer’s knick, knick, knick, knick, and knick, and interfere with the police officer’s duty of investigation.

2. On February 8, 2015, around 15:35, the Defendant insultingd the victim by openly insulting the victim by referring to the victim’s desire, such as “I am spack spack spack spack spack spack spack spacks, spack spack spack spacks, spack spacks, and spack spack spack spacks,” and “I spack spack spack spack spack spacks”.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to make statements in each police protocol against D, E, and F;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment prescribed for the crime of obstruction of performance of official duties of the largest punishment (Provided, That it shall be the sum of the long-term punishments of two crimes)];

1. Article 62 (1) of the Criminal Act;

1. Recommendation of the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.

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