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(영문) 서울남부지방법원 2019.01.23 2018고단3765
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On July 7, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for assault, etc. at Seoul Southern District Court on July 7, 2016, and completed the enforcement of the said sentence on October 16, 2016.

【Criminal Facts】

1. 폭행 피고인은 2018. 7. 6. 17:30경 서울 영등포구 국제금융로7길 46 여의도한강공원 앞 노상에서 담배를 꺼달라고 부탁하는 피해자 B(14세, 여)에게 "시발년, 보지달린 년, 썅년, 개 같은 년" 등의 욕설을 하며 팔로 피해자의 가슴을 1회 밀쳐 폭행하였다.

2. On July 6, 2018, at around 17:40, the Defendant: (a) committed an act of obstruction of performance of official duties against the Defendant, who received and called 112 reports in front of a Manpo toilet 1 toilet located in the Han River Park in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, at around 7:46, the Defendant used a hump to ask the circumstances of the instant case, such as “I see this dog, bottled, bottled, grow back, and balped down a pair,” and used a hump, such as a hump with a hump, with a hump that reads the flad.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Each legal statement of witness B, E, and D;

1. Statement made to D by the police;

1. Each statement of B and E;

1. Details and place of work of the report;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

A. Basic sphere of the obstruction of the performance of official duties (the scope of recommendations) (the obstruction of the performance of official duties and coercion of official duties)

(b) A person who is under special guard in the aggravated area ( April to January 6) of Category 1 (General Violence): the victim who is vulnerable to the crime;

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