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(영문) 서울남부지방법원 2020.01.08 2019고단5547

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 28, 2019, the Defendant: (a) around 00:55 on September 28, 2019, in front of the “D” camera for the operation of the Victim C (M, 57 years old) on the Gangseo-gu Seoul Metropolitan Government B and 3 floors, she saw the victim as a matter of charge; and (b) assaulted the victim’s right hand

2. Around 01:00 on September 28, 2019, the Defendant publicly insultingd the victims by citing that “the victim F, the victim G, and the victim H, who are public officials belonging to the police belonging to the Seoul Gangseo Police Station E District Police Station, dispatched to the site after receiving a report of 112, “D” employees and C, while there is C, “the fluore frien, and the fluor, fluor, and the fluor of the bitch fluor.”

3. On September 28, 2019, the Defendant expressed his desire within the “E District” located in Gangseo-gu Seoul, Gangseo-gu, Seoul, to the police public officials working at the same place, that “Chewing fluor, fluor,” and that the police officials working at the police station who were public officials belonging to the Seoul Gangseo-gu, Seoul, Police Station E District, who attempted to photograph the cell phone, cut the cell phone from F who was public officials belonging to the police officer belonging to the E District of the Seoul, which was trying to take the cell phone, and assault F’s head at one time.

As a result, the defendant interfered with the collection of evidence by police officials and legitimate execution of duties by global groups.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning F;

1. Each statement of C, G, and H;

1. Investigation report (Attachment of CCTV images related to obstruction of the performance of official duties);

1. Application of the Acts and subordinate statutes on assault and insulting video CDs;

1. Article 260 (1) of the relevant Criminal Act concerning the crime, Article 311 of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act among the crimes of insult;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. are each of the instant cases.