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(영문) 서울동부지방법원 2014.05.01 2014고단578
폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:40 on March 9, 2014, the Defendant was under emergency treatment in the C Hospital emergency room located in Gangdong-gu Seoul Metropolitan Government, and was under control from the victim D (the age of 24) who is a security guard, while avoiding disturbance for the reason that the medical expenses had been much incurred, and caused assault by the Defendant, who was in turn under control of the disturbance. In addition, the Defendant expressed a bucker that “the victim’s arms are frighten, dead, dead, and bucks such as sick,” and the Defendant abused the victim’s bucks two times by drinking, three times by drinking, and one time by walking the victim’s buckbucks.

2. On March 9, 2014, around 22:13, 2014, the Defendant was arrested and taken custody of the Defendant as an flagrant offender by the act as described in paragraph (1) at the F District District of the Gangseo Police Station located in Gangdong-gu Seoul Metropolitan Government, and the police officers belonging to the above F District Group, who prepared documents related to the F District G course of the Gangseo Police Station where the Defendant arrested the Defendant, and documents related to the arrest, “packer, sing, and mathing. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma.

Accordingly, the defendant interfered with the legitimate execution of official duties of the above G.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 (1) and Article 260 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended according to the sentencing guidelines (determination of type) obstruction of performance of official duties, . [Determination of the recommended field] Basic Field of the obstruction of performance of official duties, . [Scope of sentence for recommendation] from June to 1 year [Scope of sentence for recommendation according to the criteria for handling multiple crimes] June to June 1, 199

2. In light of the following: (a) the sentence of punishment of the instant case was rendered; (b) the details and nature of the instant crime was inferior; and (c) the fact that the Defendant was punished for the same kind of crime; (b) the Defendant is led to confession and reflect.

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