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(영문) 서울남부지방법원 2017.11.08 2017고단4180
폭행등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 19, 2017, at around 23:45, the Defendant: (a) committed assault against the victim by taking a cab on the street near the 47-lane 47-lane public announcement of the Gangseo-gu Seoul Metropolitan Government Fire Prevention; and (b) putting the victim a cab while getting on a cab that the victim was under the influence of the victim B (the other 58 years old); (c) when the victim solicits the victim to get on a cab and getting off the cab, the Defendant used the back part of the victim to take back the cab on a hand; and (d) when the victim solicits the victim to get off the cab, the Defendant assaulted the victim by walking the parts, such as the victim, on a hand.

2. The Defendant, upon receiving a report on the date and time set forth in paragraph 1 and at a place set forth in paragraph 1, was called out and received a witness’s statement, obstructed the police officer’s legitimate performance of duties concerning the investigation of the crime by walking at the left bucks by the police officer D, which belongs to the Seoul Gangseo Police Station C police box, one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the laws and regulations on police statements made to B and D;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the relevant Act;

1. Imprisonment with prison labor for choice of punishment;

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 stay of execution (Consideration of crimes, including the fact that there is no record of crimes);

1. The community service order under Article 62-2 of the Criminal Act;

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