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(영문) 서울중앙지방법원 2020.11.12 2020고단6605
폭행등
Text

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. On August 5, 2020, the Defendant spited, around 01:51 on August 5, 2020, the Defendant spited the victim C with ‘drash', ‘dlehhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

2. 공무집행방해 피고인은 2020. 8. 5. 02:00경 전항 기재 장소에서 ‘술 취한 사람이 시비를 건다’는 112 전화신고를 받고 출동한 서울수서경찰서 D지구대 소속 E 경위에게 “씨발년아. 장애인 년아. 경찰 병신같은 년아. 나한테 죽어볼래. 나랑 맞짱까자.”고 욕설하며 손과 몸으로 E의 몸을 수회 밀치고, 발로 E의 다리 부분을 수회 걷어차 폭행하였다.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. Statement to E by the police;

1. Application of the C’s written investigation report (Hearing statements of assault victims) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 260 (1) and 136 (1) of the Criminal Act concerning the selection of criminal facts, and the imprisonment with prison labor;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to one year (the upper limit of crimes No. 2).

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