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(영문) 서울북부지방법원 2016.11.30 2016고단2843
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 23, 2016, the Defendant: (a) reported that the victim C (C and 49 years of age) of the Chinese Spaneb in the front way of the Gangseo-gu Seoul, Gangnam-gu, Seoul (C and 49 years of age) was trying to go behind the Allied vehicle; and (b) took a bath, such as “pacting alcohol, drinking alcohol, chewing gue, gue”, etc.

Accordingly, the victim "I wish to go against the police," and the defendant said that "I will go against the police," and the defendant said that "I will go against the puss China, Chewing gue, and die," the part of the victim's neck from the vehicle was 1 prudented with one hand, and the part of the back head of the victim was 3.

Accordingly, the defendant assaulted the victim.

2. On June 23, 2016, the Defendant rendered a bath to the victim C, “Chewing typ, shot, and dead-in,” while a police officer F, etc., of the Seoul Gangnam Police Station E-abs box called out after receiving a report for the foregoing reason, dispatched to the site and asked the situation at the time.

Therefore, even though the above F sent three times a warning that “I may be punished for a crime of insult if I wished to take a bath or continue,” the Defendant continued to “I am Madm,” and “I am Madm, Madm, Chewing Madm, and Chinese Madm, Madm, Madm.” to the victim.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Relevant Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One month to three years; and

2. The sentencing criteria do not apply to the offense of insult of the recommended sentencing according to the sentencing criteria, and thus the sentencing criteria are subject to the scope of the recommended sentencing.

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