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(영문) 인천지방법원 2017.12.15 2017고단6587
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

[2017 고단 6587] 피고인은 2017. 9. 3. 14:30 경 인천 남동구 B 앞길에서 장사를 하던 피해자 C(45 세 )에게 아무런 이유 없이 " 씨발 년 아 내가 경찰서 장인데 뭘 꼬라 보냐

The term "at the end, with the balth of the victim, assaulted the victim by cutting balth, cutting the hand, cutting the victim's balth, screening the victim's head, etc.

[2017 Highest 6990] No person shall interfere with the performance of duties of railroad workers by assault or threat.

Nevertheless, at around 12:10 on August 10, 2017, the Defendant: (a) reported in the waiting rooms under the E-1 line located in Incheon D, that “the Defendant was able to take a bath to the players, and frighting to the fright; (b) the police officers affiliated with the FF of the Seoul Local Railroad Police Station of the Seoul Local Railroad would stop themselves; and (c) caused the Defendant to talk with the said G to the fright floor of the said large frighting room by cutting off the said G on his arms and cutting off the said G to the fright floor of the said large frighting room; and (d) assaulted the fright of the said G on the right edge.

Accordingly, the Defendant interfered with legitimate execution of duties by railroad workers engaged in the safety operation and maintenance of order of rolling stock due to violence.

Summary of Evidence

[2017 Highest 6587]

1. Statement by the defendant in court;

1. C’s statement;

1. A damaged photograph (2017 Highest 6990);

1. Statement by the defendant in court;

1. A H statement;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 78(1) and 49(2) of the Railroad Safety Act (the point of obstructing the performance of duties by railroad workers), and the choice of imprisonment for each sentence concerning criminal facts;

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 record of protection and observation and the circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act [the fact that the nature of the crime in light of the content of each of the instant crimes is inferior, the recidivism was committed despite the majority of the past records related to the same kind of violence, and the second sentence of 2017, the second sentence of

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