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(영문) 서울중앙지방법원 2014.02.05 2013고단8310
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. The Defendant committed assault, around November 29, 2013, on the ground that, at the entrance of the underground parking lot of the building B in Gwanak-gu in Seoul Special Metropolitan City on November 29, 2013, the victim C (the age of 23) who was a security guard of the shopping mall discovered the Defendant, who was entering the underground parking lot intending to urine, was in accordance with the Defendant, committed assault, such as smugglinging the victim’s body and pressinging the victim’s face one time.

2. The Defendant was subject to the restriction of performance of official duties, at the above time, at the place, and upon receiving the report, from the police officer E belonging to the Seoul Gwanak Police Station D District D District D District D District D District D, and the Defendant expressed the above E’s motive, “I will write off the body of the above E,” and used the body twice by two descendants, and assaulted the said E’s chest on two occasions, and obstructed the police officer’s legitimate performance of duties concerning the suppression and prevention of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of C’s written laws and regulations

1. Article applicable to criminal facts;

A. The point of obstructing the performance of official duties: Article 136(1) of the Criminal Act

(b) The point of assault in judgment: Article 260(1) of the Criminal Act;

1. Selection of imprisonment with prison labor as a matter of choice (where violence has been committed several times even though it was committed, taking into account the fact that it led to the instant crime);

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

1. Scope of the sentencing guidelines set forth in the sentencing guidelines under Article 62 (1) of the Criminal Act: Imprisonment with prison labor for one month and seven years from the date of the suspension of execution;

1. Sentence of recommendation and sentence on the crimes of obstruction of the performance of official duties as shown in its holding: From six months to one year and four months (or the upper limit): The basic area of the crimes of obstruction of the performance of official duties as shown in its holding;

2. Recommendations and sentences for the crimes of assaulting as indicated in the judgment: From one month to eight months [the mitigated area of the crimes of assaulting: the mitigated area of the first category of the crimes of assaulting: the case where the degree of assault is insignificant];

3. Aggravation of non-identical concurrent crimes.

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