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(영문) 부산지방법원 2014.06.12 2014고단2307
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

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

Reasons

Punishment of the crime

On April 4, 2013, the Defendant, at the Busan District Court, sentenced ten months of imprisonment with prison labor for the obstruction of performance of official duties, etc., and completed the execution of the sentence on November 1, 2013. On May 23, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for the obstruction of performance of official duties, etc. and the said judgment became final and conclusive on May 31, 2014.

1. On February 12, 2014, the Defendant violated the Punishment of Violence, etc. Act (collective assaulting with a deadly weapon, etc.) took care of the victim D (the age of 80) who was placed in a road in front of the Busan Dong-gu C, and d (the age of 80) used the victim’s bath, such as “Is. h. h. h. h. h. h. h. h. h. h. h. h. h.)” and collected the victim’s m., which was dangerous things located therein, and collected the victim’s m.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

2. At around 15:30 on February 11, 2014, the Defendant: (a) took a bath to the head of Dong F, who dump the disturbance, such as “the head of Dong f, e.g., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f. f., f., f. f., f., f., f., f., f.

Accordingly, the defendant interfered with the legitimate execution of duties of the public officials in the community service center.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D, F and G;

1. Previous convictions: Criminal records, investigation reports ( current status of personal identification and confinement, court rulings) and the application of Acts and subordinate statutes;

1. Articles 3(1) and 2(1)1 of the relevant Act on the Punishment of Violences, etc., Article 260(1) of the Criminal Act (a) and Article 136(1) of the Criminal Act concerning criminal facts;

1. Aggravation for repeated crimes;

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