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(영문) 광주지방법원 2017.03.23 2016고단3524

폭행등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant committed the following crimes under the conditions that the defendant has a lack of ability to discern things or make decisions due to compilation:

1. Around August 8, 2016, the Defendant assaulted the victim at one time on the front side of the “C” way in Gwangju-dong-gu, Gwangju-gu, without any reason, when the victim D (n, 23 years of age) waiting for signal to cut the crosswalk, spite the face on the face, and twice the face face on the hand.

2. The Defendant interfered with the performance of official duties at the date, time, and place set forth in the above 1.1.m., and at the same place, the Defendant was assaulted against the guard of the police station in Gwangju Dong-dong, Gwangju, where the said D was working, and against the guard F belonging to E, and requested F to assist the Defendant by asking the Defendant for the developments of assault, etc.

F The act of assaulting F at one time, such as gymar, F’s gymarment, etc., thereby obstructing police officers’ legitimate execution of their duties in relation to the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Application of Acts and subordinate statutes to medical certificates (defendants);

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 selection of fines for the crime;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined in light of the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the pleadings of the instant case.

Unfavorable circumstances: In light of the methods and degree of interference with the execution of violence and official duties, the liability for the crime is not easy.