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(영문) 서울남부지방법원 2015.07.08 2015고단1829
폭력행위등처벌에관한법률위반(공동폭행)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 16, 2015, the Defendant violated the Punishment of Violences, etc. Act (joint assault) on the ground that the victim G (the age of 29) satisf in the front of the Yangcheon-gu Seoul Metropolitan Government on the ground that the victim G (the age of 29) satisfs tobacco and satisfs himself/herself, and the Defendant satisfs the sat of the above G, and the Defendant’s wife H (the same day of suspension of indictment) satisfs the face of the above G one time on his/her hand, and continued to take two times the face of the victim I (the age of 24) (the victim), who was the one of the above G.

Accordingly, the defendant assaulted victims jointly with H.

2. The Defendant committed assaulting the Defendant at one time on the ground that K’s head behind the police box of the Seoul Yangcheon Police Station, who was called out after receiving 112 report on the date and time, at the place mentioned in the preceding paragraph, attempted to restrain him/her.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers.

3. 모욕 피고인은 제1항의 일시, 장소에서 경찰관인 피해자 K 등에게 위 G, I 등이 있는 가운데 "야, 씨발 놈아, 죽여 버리겠다, 짭새 새끼들이 평생 짭새나 해라, 좆같은 새끼들아"라고 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (video recording investigation and abstract);

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

1. Statement of each police station;

1. Each statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act as to the facts of the crime concerned, Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 31 of the Criminal Act;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is the first category of crimes (the scope of the recommended punishment) (the scope of the obstruction of performance of official duties) and the basic area (6 to 1 year and 4 months) of the suspended sentence.

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