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(영문) 서울중앙지방법원 2014.05.15 2014고단2147

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 00:10 on March 9, 2014, the Defendant destroyed property worth approximately 40,000 won of repair cost, such as being collected from the beer and the beer’s disease, which is a dangerous object, at the main point of the “D” operation of the Victim C in Jongno-gu Seoul Metropolitan Government, while engaging in a collision with one another.

2. The Defendant, at around 00:20 on the same day as the above 1.20 day, committed assault to the victim E (35 years old), who is an employee of the above main station, who was an employee of the police officer who received the 112 report and called out after the on-site investigation, and assaulted the victim by carrying the victim’s breath’s breath, and breathing the victim’s breath’s breath, and assaulting the victim’s left knick at one time.

3. At around 01:40 on the same day as the above 1. Item 1., the Defendant: (a) moved to the police box after receiving the 112 report and completed the investigation with the police officers, and (b) found the above main points again before the main points. In front of the above main points, the Defendant thought that the Defendant could have re-exploded the above main points; (c) despite the police slope G assistant group with the police officer who was waiting for prior dispatch, the Defendant obstructed the Defendant’s legitimate performance of duties regarding the crime prevention and suppression of the police officer by entering the above main points and making a report to H; and (d) he saw that the Defendant would go to the police officer, who was waiting for prior dispatch to the said main points; and (e) he prevented him from doing so.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and E;

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

1. Investigation reports (related to attachment of a written statement of D business);

1. Application of Acts and subordinate statutes to report an investigation (the confirmation of non-existence of punishment for victim H);

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, and imprisonment with prison labor;