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(영문) 서울북부지방법원 2016.11.24 2016고단3977
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. The Defendant, around 13:30 on August 30, 2016, at the “C Building” parking lot located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the “victim E” as stated in paragraph (1) of the facts charged against the Victim D, is an obvious clerical error in the “victim D,” and thus rectification is ex officio.

(68) The Defendant assaulted the victim’s face and neck three times by hand on the ground that he made the victim’s words “I am Had Had Had Had Had Had Had Had Had Had Had Had

2. The Defendant: (a) committed an assault against the Defendant at the above date, time, and place of the obstruction of performance of official duties, and at the F District of the Seoul Gangseo-gu Police Station that was dispatched after receiving a report of 112, that he tried to look at CCTV in order to verify the Defendant’s assault; and (b) said G “I see why I see the CCTV, and why I see it.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of police officers' 112 reports and criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Each statement of D and H;

1. Application of the Acts and subordinate statutes to photograph CCTV images;

1. Relevant Articles 136(1) and 260(1) of the Criminal Act and the choice of punishment for the crime; Articles 136(1) and 260(1) of the Criminal Act;

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, such as probation, community service order and order to attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Basic area of the obstruction of performance of official duties (two months of imprisonment or one year or four months of imprisonment) (no person specially sentenced to the obstruction of performance of official duties).

(b) Crimes of assault (Scope of Recommendation) and the basic area (two months to ten months of imprisonment) of category 1 (general assault) (no person specially punished);

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months up to one year and nine months;

3.The sentence of sentence shall be pronounced in the following circumstances:

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