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(영문) 서울동부지방법원 2015.02.10 2014고단2294

폭력행위등처벌에관한법률위반(공동폭행)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. 폭력행위등처벌에관한법률위반(공동폭행) 피고인은 2014. 4. 14. 04:20경 서울 광진구 화양동에 있는 건대먹자골목 인근 도로에서 피해자 B(66세)가 운행하는 C 택시에 친구인 D와 함께 탑승하고 있던 중, 위 택시에 구토를 하여 피해자로부터 택시에서 내려달라고 요구받자, 피해자에게 욕설하면서 그의 얼굴에 침을 뱉은 다음 팔목 부분으로 피해자의 얼굴을 1회 때리고, 위 D는 피해자의 다리를 발로 5회 걷어찼다.

Accordingly, the defendant assaulted the victim jointly with D.

2. In the above time and place, the Defendant: (a) laid off three times the door door of the taxi driver’s seat owned by the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company;

Accordingly, the defendant damaged the victim's property.

3. At around 04:30 of the above day, the Defendant spited spite the Defendant’s face on two occasions while he was arrested and detained in the F police box of the Seoul Minejin Police Station located in Gwangjin-gu Seoul Special Metropolitan City for criminal facts under paragraph (1).

Accordingly, the defendant interfered with the legitimate execution of duties concerning the situation service of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B and D;

1. B written statements;

1. A complaint;

1. Application of Acts and subordinate statutes, such as standing photographs, etc.;

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 260 (1), 366 and 136 (1) of the Criminal Act, the choice of imprisonment with prison labor;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the nature of the crime in the instant case is not weak in light of the content, attitude, etc. of each of the instant crimes, and the victims.