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(영문) 서울남부지방법원 2018.07.18 2018고단592
특수폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

around 21:50 on January 31, 2018, the Defendant: (a) at D’D cafeteria operated by the Victim C (55) located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) on the part of the Victim C’s calculation, the Defendant spits the victim C into the police; (c) was spiting the victim C; (d) was using a pedestrian auxiliary device (45cm, length 85cm, length 85cm) that is a dangerous object in the Defendant’s possession; and (d) assault C on the ground that the victim E (5 years old, 55 years old), who is the wife of the said victim C, was exposed to the victim E (5 years old).

Accordingly, the defendant committed violence to victims by carrying dangerous articles.

On May 28, 2018, the Defendant discovered the Defendant, from the main stairs of G police station located in Seoul F around 15:20 on May 28, 2018, H (22) of the auxiliary police officer affiliated with the above police station who worked in the first place of the above door of the police station, and found the Defendant, “the Defendant is not subject to the direction here,” and “the Defendant is not subject to the direction here;

In the absence of any defect, the Plaintiff expressed that the Plaintiff “I am sing off, sing off, and sing off” the phrase “I am sing off” on the left side of H on one hand with his hand without any reason.

Accordingly, the defendant, who is a public official, interfered with the maintenance of order of the above auxiliary police and the legitimate execution of duties.

Summary of Evidence

1. The defendant's statement at court (2018 highest 592);

1. A written statement of C and E;

1. Each photograph "2018 Highest 2652";

1. Each police statement made to H, I, and J;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of imprisonment for a crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes, the background and content of each of the crimes of this case, the degree of damage and assault, the damage was restored or not received from the victims, and the period of suspension of execution due to the criminal records of the defendant's same crime and the same kind of crime.

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