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(영문) 서울동부지방법원 2016.12.15 2016고단3409
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 17, 2016, at around 20:35, the Defendant assaulted the shoulder of the victim D(60 years of age) who drinks mixed alcoholic beverages at the same time without any reason, in his/her hand, at “C” located in Gangdong-gu Seoul Metropolitan Government, and without any reason.

2. The Defendant causing property damage: (a) the victim E (V) who is the owner of the “C” business, i.e., the victim E (V, 75 years old) was released out of the main entrance, and the entrance was cut off, thereby destroying the entrance door from the market price by walking the main entrance.

3. At around 20:40 on the same day as that of paragraph (1) of the same Article, the Defendant: (a) committed an act of obstruction of performance of official duties, following the day on which G was sent by the police box of the Dongdaemun Police Station, by causing the Defendant who was placed in front of the entrance entrance of the said State, and attempted to sit ahead of G; (b) the Defendant stated that “this rings, nife and grow up, nife, nife, and this stimule,” and assaulted G to walk up twice the left end of the police box.

Accordingly, the defendant interfered with legitimate execution of duties concerning G criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D, E, and G;

1. Application of each written statement, investigation report, each photograph, and the Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Articles 260 (1), 366, and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession and reflection of all criminal conduct, the agreement with the victim E, the contingent crime under the influence of alcohol, and the first offender who has no record of criminal punishment);

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