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(영문) 서울중앙지방법원 2020.03.26 2019고단7135
폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On September 21, 2019, at around 03:25, the Defendant: (a) expressed that police officers belonging to the Seocho-gu Seoul Seocho Police Station C District Group, who were called “C District 112 reported on September 21, 2019, frighting to the face of the victim D (the age of 31), who is a policeman belonging to the said C District, frighting down, frighting the face of the victim E (the age of 29) who is a policeman belonging to the said C District frighting group, committed violence against the victims by taking the face of the victim E (the age of 29) who is a policeman belonging to the said C District frighting.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers who execute the 112-report handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

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

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The act of assaulting police officers who perform official duties in sentencing under Article 62(1) of the Criminal Act requires strict punishment for crimes of obstruction of performance of official duties which harm legitimate exercise of public authority.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the defendant's age, character and conduct, environment, family relationship, circumstances after committing the crime, and the circumstances after committing the crime, including the fact that the defendant is against his/her wrong judgment.

Public Prosecution Rejection Parts

1. On September 21, 2019, around 03:10 on September 21, 2019, the Defendant committed assault against the victim, such as the vehicle operated by the victim G (39 years of age) who is a taxi engineer at the front of the Seocho-gu Seoul Metropolitan Government F building, and the vehicle operated by the Defendant’s female friendly group. The Defendant’s hand, boomed the victim’s chest by pushing the victim’s chest with the Defendant’s hand, driving down the victim’s right course due to the Defendant’s launching, and taking the victim’s neck and face by the Defendant’s hand.

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, against the victim’s express intent under Article 260(3) of the Criminal Act.

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