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(영문) 서울서부지방법원 2018.10.17 2018고단2832
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 13, 2018, the Defendant: (a) around 02:20 on June 13, 2018, on the ground that the Defendant was aware of the Defendant in front of the toilets of “D” located in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) twice in his/her hand son’s left bucks and maths; and (c) the victim F (the age 28)’s right face to the right side to the end of the victim E (the age 21) who speaks on two occasions; and (d) said, he/she sawd the victim G (the age 21) on one occasion as a drinking.

Accordingly, the defendant assaulted victims.

2. When the Defendant: (a) was arrested as a flagrant offender of the crime of assault by a police box affiliated with the Seoul Yongsan Police Station H police station, who was called out after receiving 112 reports, at the same time and at the same place as indicated in paragraph (1), the Defendant was arrested as a flagrant offender of the crime of assault; (b) while escaping from the scene, the Defendant removed the rank rank by taking down the rank of the I’s right shoulder part of the right shoulder, which prevents him from leaving the scene, and opening the rank rank.

Accordingly, the defendant interfered with the handling of the 112 reported case by police officers and the legitimate execution of official duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Closed-in-class photographs, which are removed;

1. Application of statutes governing field CCTV images;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 260 (1) of the Criminal Act (the point of each assault), and the choice of imprisonment for a crime;

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 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the degree of assault that the defendant used by the reason for sentencing under Article 62-2 of the Order to Attend is not weak, that there was no agreement with the victims, that there was a record of being sentenced to suspended sentence due to a crime obstructing the performance of official duties performed in the state of drinking, and that he performed the instant crime even in the state of taking a mental and medical surgery, and that he committed the

However, the defendant has been receiving mental treatment due to unstable disorder, etc.

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