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(영문) 서울남부지방법원 2016.06.16 2016고단1737
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around April 14, 2016, at around 22:00, the Defendant, in the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government, was unable to take care of the victim C (the 17-year-old age), who was her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she was off,

As such, the Defendant carried dangerous objects and assaulted the victim.

2. On the same day as the above paragraph (1) 1, the Defendant was arrested by the victim D (the victim South and the age 23) who was a police officer upon receiving a report of domestic violence at around 22:28 on the same day, and was arrested as a current criminal of special assault, etc., the Defendant obstructed the performance of official duties, and the Defendant was arrested by the victim D (the victim South and the age 23) who was a police officer, who was a police officer, on the left-hand side of the above D, asked the victim to leave, thereby obstructing the Defendant’s legitimate performance of duties concerning the arrest of a flagrant offender who is a police officer, and at the same

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. C’s statement;

1. Application of the photographic Acts and subordinate statutes;

1. Article 261 and Article 260 (1) of the Criminal Act (Special Assaults) concerning the facts constituting an offense;

(1) Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of obstructing the performance of official duties), and Article 136(1) of the Criminal Act (the point of injury)

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act between a crime of obstructing the performance of official duties and an injury;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] 1) Violence (Assaults (Assaults 6): Specific Violence (Crime 6): From June to October 2). [Type 1] Basic Area of Injury: Reduction due to Reasons for Reduction (Special Aggravation for Sentence 1) from April to June 1, and 6 (Special Aggravation for Sentence 1): There is no reduction due to Reasons for Reduction (Non-Application of Punishment): April to February 2] [Disposition of Multiple Crimes].

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