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(영문) 서울동부지방법원 2014.06.18 2014고단699
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant: (a) around 00:40 on March 7, 2014, the victim E (the age of 45) who was the head of the store in Gwangjin-gu Seoul Special Metropolitan City was able to drink alcohol at the D convenience store; (b) the victim E (the age of 45) who was the head of the store restrains the Defendant; and (c) the victim’s face was expressed out of the above convenience store; and (d) the head of the bar.

Accordingly, the defendant committed assault against the victim.

2. The Defendant committed an assault to E at the above time and place, as stated in Paragraph 1, at the same time and place, and reported 112, and was arrested as a police officer belonging to the Gwangjin-gu Police Station F DistrictF District G, who was called out, due to the arrest of the police officer in the act of assault, and committed an assault, such as making a fluence G’s breast, drinking, etc.

Accordingly, the Defendant interfered with the police officer's report processing and the lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Criminal Act and Articles 260(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant was assaulted to a police officer who called out after the assault and performs legitimate official duties, and the nature of the offense is not less severe, but there is no record of obstructing performance of official duties, and for about 15 years, there is no record of violence or no criminal record of suspension of qualifications or more than suspension of qualifications, and the degree of assault or obstruction of performance of official duties is not serious. In addition, the motive and background of the instant crime, means and method, circumstances before and after the instant crime, Defendant’s age, character and conduct, career, environment, etc. as shown in the argument of the instant case, and the basic area of the crime of assault and obstruction of official duties, including the basic area of the first category and the basic area of the

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