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(영문) 광주지방법원 2016.10.19 2016고단3665
폭행등
Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On August 24, 2016, the Defendant: (a) around 00:05, at the main point of “D” located in Gwangju Northern-gu C and the second floor; (b) the Defendant, under the influence of alcohol to the victim E (nive, 40 years of age) who was a customer drinking alcoholic beverages on the side table, and took a bath without any justifiable reason; (c) however, the Defendant committed assault by taking the victim’s part of the victim’s neck by hand on one occasion while the victim refused it.

2. The Defendant damaged property damage by making the victim F (54 years of age)’s face sealed the victim’s face while taking the victim’s face while taking the victim’s face into consideration, such as the date, time, place, as described in paragraph (1), and at the same time and place as indicated in paragraph (1), 3.50,00 won of the market price, which is the victim’s ownership, left away from the floor and

3. The Defendant interfered with business, while drinking alcohol at the date, time, and place set forth in Paragraph 1, took a bath without any particular reason, and putting the drinking and food on a table on the table in hand, and interfered with the Defendant’s operation of the Victim G’s main points by putting the drinking and food on the table, and interfering with the Defendant’s business.

4. On August 24, 2016, the Defendant, at around 00:40 on August 24, 2016, abused the chest of the said I by hand as he refused to verify the identity of the Defendant, when the circumstances I and the slopeJ of the H District of the Gwangju Northern Police Station called out after receiving a report from the main points of the “D”, and was in demand by the Defendant to confirm the identity of the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and F;

1. E statements;

1. Application of damaged photographs and on-site photographs statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 260 (1), 366, 314 (1) and 136 (1) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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