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(영문) 서울서부지방법원 2016.04.06 2016고단328
폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The facts charged are also stated in the facts that the defendant took a bath, but the prosecutor did not prosecute the facts as a crime of insult, and it does not seem to have been prosecuted to the effect that the defendant threatened the public official performing his duties. As such, the part of the facts charged that meets the requirements for the obstruction of the performance of official duties (the part that assaulted the public official performing his duties) among the facts charged is acknowledged as follows.

On January 8, 2016, at around 02:30, the Defendant reported that he was assaulted at “C” main points located in Yongsan-gu Seoul, Yongsan-gu, Seoul and used the police box affiliated with the Yongsan-gu Police Station D police box, and F used the Defendant to arrest the Defendant as a current offender, thereby pushing the Defendant’s chest of the E in his hand, having the head knife knife knife knife knife knife knife knife knife knife knife knife and knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the Defendant assaulted police officers who perform legitimate duties in relation to the handling of 112 reported cases as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In the event that several police officers have assaulted several reasons for sentencing under Article 62-2 of the Social Service and Criminal Act, the degree of assault is not less severe, and the second police officers have been sentenced to a fine several times for violent crimes, and the second police officers have committed assault and have been sentenced to a fine for more than six months, it shall be sentenced to six months, but it shall be sentenced to suspension of execution and correction as ordered in consideration of the circumstances such as the violation of the law and the deposit for the recovery

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