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(영문) 서울서부지방법원 2017.08.17 2017고단1368
폭행등
Text

A defendant shall be punished by imprisonment for nine months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant interfered with the performance of official duties at around 19:35 on the same day and received a report at around 112 on the same day and sent to the site by a private victim D, who was affiliated with the Seoul Western Police Station C District of Seodaemun Police Station, prevented the Defendant and demanded an identification card, thereby committing assaulting the victim’s neck by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and crime control.

2. In a case where the date, time, place, E, D, and the number of homeless persons are gathered at the scene of paragraph 1, the Defendant: (a) whether the victim F, a police officer affiliated with the same district group, dispatched to the site together with the foregoing D, “I am fech, nibi, bitch bitch,” thereby leading to the victim F, a police officer affiliated with the same district group.

The victim openly insultingd the victim by referring to a large sense as the police brusar child.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written statement of E and G;

1. Complaint;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] There is no person who does not have the basic area (from June to June) (i.e., interference with the performance of official duties and coercion of duties) (i.e., June to June) (i., one year and six months) (i.e., a person subject to special sentencing] [Determination of sentence] Defendant’s act of wearing a uniform and exercising a tangible power against a police officer who is carrying out official duties in a legitimate manner and openly insulting a police officer should be subject to criticism; and that Defendant has a number of punishment records, including the records of being sentenced to a fine due to interference

However, the fact that the defendant is led to confession and reflect, the fact that the police officer was able to find is excessive is considered favorable, and other factors of sentencing, such as the age, sex, environment, etc. of the defendant, shall be taken into consideration equally, and the sentence shall be determined as ordered.

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