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(영문) 서울남부지방법원 2016.04.06 2016고단359
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2016, the Defendant was sentenced to imprisonment with prison labor for the crime of injury, etc. in the Western Branch of the Daegu District Court on October 10, 201, and the above sentence became final and conclusive on the 18th of the same month.

1. On December 23, 2015, at around 23:30 on the road located in Guro-gu Seoul Metropolitan Government, the Defendant: (a) committed assault against the victim on the road located in Guro-gu, Seoul; (b) the main disease, which is a dangerous object without any justifiable reason following the victim D(62).

2. On December 24, 2015, the Defendant interfered with the performance of official duties in the C District located in Guro-gu Seoul Metropolitan Government, on December 24, 2015, and on the case of the above 1.3, the Defendant: (i) whether the police bom is bitched, bitched, bitched, bitched, bitched, bitched, bitched, bitched, bitbit

The death will be discarded.

In doing so, “A police officer’s legitimate performance of duties concerning the handling of a police officer’s case was obstructed by assaulting the above E’s face three times by drinking, walking the said E’s mouth once, etc. due to the act of assaulting the E’s mouth.

3. Around December 24, 2015, at around 00:20, the Defendant’s insultd the victim F, a police official belonging to the said global group, who was the police officer, to restrain the disturbance, and the victim F, who was the civil petitioner D and several police officers of the said global group, were heard by the victim “Ye, Ye, Madro, Madro, death, and discarded.”

C. Neither gue, internal gue shall be destroyed.

“Publicly insulting the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Written statements of D;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and reference materials (a sentence of judgment and date of confirmation);

1. Relevant Article of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, Article 311 of the Criminal Act (a point of insult) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 62 of the Criminal Act:

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