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(영문) 서울서부지방법원 2017.12.08 2017고단1750
폭행등
Text

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

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

Reasons

Punishment of the crime

1. On May 3, 2017, at around 03:00, the Defendant assaulted the victim E (n, 26 years of age) by taking the head debt of the victim and taking the face by hand on the ground that the Defendant’s head debt was removed from the victim E (n, 26 years of age) in a “D” coffee 2nd floor in Mapo-gu Seoul Metropolitan Government C2.

2. On May 3, 2017, around 05:40 on May 3, 2017, the Defendant, within the detention room of Mapo-gu Seoul Mapo Police Station located in Mapo-gu Seoul Metropolitan Government, asked the captain F of the police station belonging to the above police station where the suspect was escorted to wear the suspect in order to enter the detention room, and assault the F to the right shoulder of the above F as soon as possible.

Accordingly, the defendant interfered with the legitimate execution of duties of the police officer's detention room.

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. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

2. The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (Aggravation of concurrent Crimes with the punishment provided for in the offense of interfering with the execution of heavier public duties);

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing shall be considered as favorable circumstances, etc. in the light of the importance of sentencing):

4. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation.

1. Recommendation and sentence of the sentencing criteria: From six months to one year and six months (the scope of a recommendation) at the time of choosing a sentence of imprisonment, the basic area (from June to one year and six months) (no person subject to special sentencing) shall interfere with the performance of official duties;

1. Unfavorable circumstances: The crime of this case committed by the defendant while being escorted to a detention room is inferior to the nature of the crime, such as burning of a police officer, and the defendant committed each of the crimes of this case even though he had the record of punishment for violent crimes;

1. favorable circumstances: The defendant appears to have an attitude against his/her will, such as accepting all mistakes, and there is no criminal record of and no criminal record of exceeding a fine, and the defendant has committed each of the crimes in this case.

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