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(영문) 서울중앙지방법원 2018.12.20 2018고단2448
폭행등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 22, 2016, the Defendant was sentenced to ten months of imprisonment with labor by obstructing the performance of official duties at the Seoul Central District Court on July 22, 2016 and completed the execution of the sentence on July 10, 2017.

around 19:05 on March 28, 2018, the Defendant: (a) requested the Jongno-gu Seoul Metropolitan Government (Seoul), and the victim H (48 years of age) to use for peace on the front road of Jongno-gu G, Seoul; (b) however, the victim did assault the victim’s face by drinking breath and drinking it on the ground that the victim refused it.

Around 18:30 on February 24, 2018, the Defendant: (a) was asked by the police officer in charge of the police officer assigned to the above police box who had worked at the place while asking the Defendant for the handling of 112 reports related to the Defendant on February 24, 2018 in Jongno-gu Seoul, Jongno-gu, Seoul; (b) there is a defect that the police officer in charge of the police officer assigned to the above police box who had worked at the place; (c) while taking a bath for under the influence of alcohol, the Defendant would throw away the knife and throw away the knife, “I will die the knife, die, and die the family members of his/her family; and (d) he/she is waiting for release after three years of his/her dependants.

“Intimidating” was threatened.

Accordingly, the Defendant interfered with the legitimate execution of duties by police boxes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made to K in the police statement;

1. Application of the Acts and subordinate statutes to investigation reports (suspect A, repeated crime and confirmation);

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;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In addition, even though the crime of this case was committed for the same kind of crime for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments for two crimes) of the Act on the Aggravated Punishment of Concurrent Crimes, the crime of this case was committed, and there are many other criminal records.

Furthermore, it is similar to criminal facts such as notification of harm to the body of police officers and their families, and the nature of the crime is good.

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