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(영문) 서울동부지방법원 2016.09.01 2016고단1511

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.

(e).

Reasons

Punishment of the crime

At around 01:00 on April 24, 2016, the Defendant: (a) committed an assault against E (48 years of age) in Gwangjin-gu Seoul Special Metropolitan City, by assaulting the police officer G belonging to the F District Unit of the Seoul Mine-gu Police Station that received 112 reports and heard the circumstances of the instant case from others; (b) “I am son, I am son, I am son, I am son, I am son, I am son. I am son. I am son. I am son. I am son. I am son. I am son. I am son. I am am son. I am son. I am am son. I am son. I am son. I am am son. I am son, I am am a bridge, and continuously

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of G and E;

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

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the act of assaulting a police officer who has performed his duties while wearing his uniform is heavier than that of the crime.

However, in comprehensive consideration of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other various sentencing conditions, such as the situation before and after the crime, etc., the punishment shall be determined like the order, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime.

Public prosecution dismissed part [the point of violence]

1. On April 24, 2016, at around 00:50 on April 24, 2016, the Defendant assaulted the victim E (the age of 48) who is an employee of the said singing room in Seoul Special Metropolitan Gwangjin-gu, against the fact that the victim E (the age of 48) was unable to receive as a customer because the Defendant’s daily behaviors are under the influence of alcohol.

2. This part of the facts charged is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the express will of the victim.

After the prosecution of this case was instituted, the victim was the defendant on August 16, 2016.