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(영문) 서울서부지방법원 2020.02.13 2019고단4195
폭행등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

1. Around September 27, 2019, the Defendant: (a) 19:10 on September 27, 2019, the Defendant used the victim’s Da(55 years of age) in Seodaemun-gu Seoul, Seodaemun-gu as “D” in the operation of the Victim C (55 years of age) located in Seodaemun-gu, Seoul; (b) took the victim’s speech that she would not speak against the victim; and (c) took the victim’s speech that she would not speak against the victim; and (d) assaulted the victim by taking the victim’s her hand when she met the victim’s back water and her buck.

2. On September 27, 2019, at around 19:16, the Defendant, at the place specified in paragraph (1), expressed a desire to present an identification card by F after receiving C’s 112 report and being called out by F to the police officer affiliated with the Seodaemun Police Station E box of the Seodaemun Police Station, who was requested by F to present an identification card, such as “I do not have any intention, sprinke, spacker, spacker, and so on.” On the floor of the hand, the Defendant respondedd F’s two

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (tophographs G telephone call) and a report on investigation (a report accompanied by a detailed statement of 112 declaration);

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes: The punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the punishment is aggravated by concurrent crimes with the punishment heavier than that provided for in the crimes of obstruction of performance of official duties, but to the extent that

1. Suspension of execution: Article 62 (1) of the Criminal Act ( even though the defendant was under the influence of alcohol at the time of committing the crime, it cannot be deemed that the defendant had a weak state of ability to discern things or make decisions, considering the circumstances before and after committing the crime and the behavior of the defendant); the reason for sentencing;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria;

A. Basic crime: Crimes of obstruction of the performance of official duties (determination of punishment).

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