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(영문) 서울중앙지방법원 2019.06.13 2019고단1738
폭행등
Text

A defendant shall be punished by imprisonment for six months and a fine of five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 2, 2018, around 09:25, the Defendant, at the Gangnam-gu Seoul cafeteria “C” restaurant, and when the police officers belonging to the Gangnam Police Station Down Police Station 4 Team, dispatched after receiving the 112 report from the victim of the assault, made a statement of damage to E, the Defendant made a statement of damage to the victim F (V, 25 years of age) and the victim G (V, 31 years of age) of the same day among the said restaurant customers and employees lending the said restaurant, and made a public insult of the victims by publicly referring the victims to “the same year as the flick”.

2. On September 2, 2018, the Defendant: (a) around 09:30 on September 2, 2018, in front of the above “C” restaurant; (b) in order to assist the victims as described in paragraph (1) in preparing a written statement, the Defendant took a bath according to the above circumstances E, and took one time at the face of E in drinking.

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

3. On September 2, 2018, the Defendant violated the Punishment of Minor Offenses Act (the disturbance of the revocation of the owner of a government office) committed a disturbance at a police station in Gangnam-gu Seoul, Gangnam-gu, Seoul, Police Station D police station, where the Defendant was under the influence of alcohol, stating that he was boomed with a consignee and chair who was under the influence of alcohol, and that “the police officer was frightd to fright down and fright down,” and that he was frighted at the police station, which was a public office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, F, and E;

1. Application of Acts and subordinate statutes to report internal investigation (related to verification of documentary evidence and image in the line of revocation of the owner of a government office);

1. Relevant Article 311 of the Criminal Act, the choice of punishment for the crime, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance of revocation at government offices, the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The defendant committed the obstruction of performance of official duties for the sentencing of Article 334(1) of the Criminal Procedure Act.

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