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(영문) 서울남부지방법원 2018.11.14 2018고단3562
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 30, 2018, the Defendant violated the Punishment of Violences, etc. Act (joint assault) committed meals in E-cafeteria located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul around 04:50 on June 30, 2018, and assaulted the Victim F and G, including the Victim F (44 years), G (43 years) and the seat collision with the Defendant, resulting in the collision between the Defendant and the seat, thereby keeping the F’s body in good hands, tightly cutting the Defendant into drinking, eating the head debt, and C together with the F’s head debt.

2. On June 30, 2018, around 05:07, the Defendant obstructed the performance of official duties. On the front of the above E-cafeteria, the Defendant, who was arrested from the police officer, as a flagrant offender due to such an act of violence, from the head of Kucheon-gu Police Station H District Police Station Ha, Seoul, who was a police officer upon receipt of a report, as a public official, the police officer arrested him as a flagrant offender, and resisted the I’s 112 report handling, and obstructed the I’s legitimate performance of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning each of the police suspects against F, G, or C;

1. Statement made by the police with regard to I (damage photographs, etc.);

1. Application of Acts and subordinate statutes to a criminal investigation report (explosion at the site of the case) and CCTV images of the site;

1. Relevant Article 2(2)1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 2(2)1 of the same Act, Article 260(1) of the Criminal Act (the point of joint assault, the choice of imprisonment with labor), and Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties, and the choice of imprisonment with labor);

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) No one-month mitigation area (one-eight months) (one-eight months) (special mitigation person) shall be subject to punishment for the second-year crime (the scope of recommended punishment).

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year;

2. Determination of sentence;

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