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(영문) 서울중앙지방법원 2013.08.01 2013고단4105

폭행등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On August 29, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for obstruction of performance of official duties, etc. at the Seoul Central District Court on January 16, 2013, and completed the execution of the sentence.

【Criminal Facts】

1. Around 18:00 on July 3, 2013, the Defendant: (a) took a bath to the police officers belonging to the D police box located in Jung-gu Seoul Metropolitan Government, without any justifiable reason, prior to the sobing police box, and (b) took the Defendant, and (c) took the victim E’s right-hand sclock on the floor of hand; and (d) took the Defendant into the said police box, at one time the victim E’s head was scleeped on the hand.

In addition, while the defendant continued to take a bath at the same time and at the same place, the victim F(55) said that the victim F(55) "I am for that only" was "I am for that."

Accordingly, the defendant assaulted victims.

2. On July 3, 2013, the Defendant: (a) around 18:10 on the grounds that, during the process of arresting a flagrant offender on the charge of assault and assault as prescribed in paragraph (1) within the above D police box, the Defendant: (b) 30 minutes out of the 5-year period where the victim G (the 28-year age), who was affiliated with the above D police box, was on the scambling of the Defendant; (c) and (d) on the scam of five persons, such as H, etc., including the police officer assigned to the said police box, “scaming year, deemed to have been scam; (d) year, year, year, year, and scambling to the scam, and scaming period; and (d) year, year, year, year of 200.”

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning F, E, G, and H;

1. An investigation report (related to the confirmation of CCTV for a D police box);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Articles 260 (1) and 311 of the Criminal Act applicable to the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (see, e.g., subordinate sentence):