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(영문) 서울남부지방법원 2014.02.05 2013고단4258
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant committed assault, around October 4, 2013, on the street in front of Yeongdeungpo-gu Seoul Metropolitan Government, and arrived at the above place where the victim D (the age of 57) was on board, and on the ground that the victim called a telephone during the stop, and assaulted the victim on the basis that the victim called the telephone.

2. On October 4, 2013, at the same place, around 19:50 on October 19, 2013, the Defendant: (a) the victim slope G (the age of 41) who is a police officer belonging to the Yeongdeungpo Military Police Station, called the Defendant, arrested the Defendant as a flagrant offender and put him on the ground floor in order for him to board the patrol vehicle; (b) the Defendant’s rear head to have his face taken off; (c) interfered with the legitimate performance of duties by the police officer in relation to the maintenance of order, etc.; and (d) put the victim a bridge that requires approximately three weeks of treatment at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer's statement about D and G;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 260 (1), 136 (1), and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the criminal records of the same kind are recorded in the defendant six times, that there are agreements with the victim D, and that one million won has been deposited in the victim G);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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