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(영문) 서울남부지방법원 2016.11.02 2016고단2920
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On June 6, 2016, the Defendant: (a) reported on June 6, 2016, the victim D(57 years of age) was drinking alcohol on the front of Yeongdeungpo-gu Seoul Metropolitan Government C on a road; and (b) used a beer’s disease, which is a dangerous object that he was a customer, without any reason, and assaulted the victim as a brut.

2. On June 6, 2016, at the same place as in paragraph (1) and at the same time, the Defendant: (a) 23:25 on the ground that, while hearing the statements of the persons involved in the instant case by the police officers, the Defendant: (b) expressed a desire to “Cris police officers will prevent the boom’s horse,” and (c) assaulted the said F’s part of the said G with the left hand at the same time as the instant G’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s hing

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the 112-Report site dispatch.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, G, and F;

1. Written statements prepared in D;

1. A copy of a notice of 112 case reporting-related department; and

1. A copy of the work site and his defense counsel asserted that the defendant's display of the beer's disease at the time was true or the beer's disease was not shouldered.

However, the victim stated that the police brought the beer's disease to the defendant.

In light of the fact that the victim made a statement that he does not want punishment if the defendant is against the police at the time of investigation, it is difficult to see that the victim made a false statement in order to specially punish the defendant, so the above statement in the police of the victim can be believed.

On the other hand, when the defendant is investigated by the police, he is memorying for beer's disease.

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