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(영문) 서울중앙지방법원 2017.01.19 2016고단7805
폭행등
Text

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

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

Reasons

Punishment of the crime

On May 28, 2016, the Defendant, at around 20:00 on May 28, 2016, expressed a desire for the victim D (W, 34 years old) who was standing a crosswalk at the crosswalk in front of the gas station C in Jeju, which was located in B, for the reason that this Defendant was able to boom against the vehicle driven by the Defendant and the vehicle driven by the Defendant, and assaulted the victim by keeping the head of the victim with his head.

around 00:30 on August 8, 2016, the Defendant: (a) 112 reported from Jongno-gu Seoul, Jongno-gu, Seoul, the police officer of the police station H patrol box, who was dispatched by the Defendant to the Defendant, heard the statement from G and made the statement from G to the police officer of the police station H patrol station, and then prevented the police officer who was expected to take the part in the patrol room from taking off the G, and then obstructed the police officer, such as the above I, “DD to take a drinking test; and (b) the said I, who taken the driver’s seat, removed the Defendant from the vehicle to the vehicle, assaulted the chest part of the said I’s chest.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

[2016 Highest 7805]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written Statement;

1. Relevant photographs and a detailed statement of reported case processing;

1. A report on investigation (on-site search and witness investigation);

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Copy of the statement made to G by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. There are extenuating circumstances, such as the reason for sentencing under Article 62-2 of the Criminal Act, that the defendant has been punished several times due to the same or similar crime, but the defendant is replaced by another.

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