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(영문) 서울북부지방법원 2020.04.02 2019고단2359
공무집행방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2019 Highest 2359] On June 6, 2019, the Defendant solicited the Defendant to return home at hand on the way of “C” in the middle-gu Seoul Metropolitan Government, which was under the influence of alcohol, and was dispatched after receiving a report from 112 on the front of the “C” in the middle-gu Seoul Metropolitan Government, Jung-gu, Seoul. However, the Defendant refused to return home to the Defendant, and assaulted the instant E’s right-hand bucks on one-time basis.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

[2019 Highest 3884] On August 29, 2019, the Defendant, from the main point of “G” located in F in Jung-gu Seoul Metropolitan Government, 00:10 on August 29, 2019, the Defendant inflicted an assault on the victim on the victim’s hand-to-face that “I am at the instant main place of business” from the victim H(58 years of age) that “I am at the instant seat of the flag, I am at another place.”

Summary of Evidence

[2019 Highest 2359]

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement prepared in the I [2019 Highest 3884];

1. Defendant's legal statement;

1. A statement prepared by H;

1. Application of Acts and subordinate statutes on report of occurrence of violence;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime

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. The reason for sentencing in Article 62-2 of the Probation Criminal Act assaults a police officer on official duty, and assaults a victim who calls for trial expenses to the main owner of the business, and the responsibility for such crime is not somewhat weak.

In addition, the defendant has been punished for several violent crimes, such as being sentenced to a suspended sentence of imprisonment due to injury.

However, the punishment as ordered shall be determined by comprehensively taking account of the following factors: the defendant's full recognition of the crime and the mistake, and the defendant's age, occupation, character and conduct, environment, circumstances before and after the crime, etc., and various sentencing conditions as shown in the records and arguments.

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