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(영문) 서울동부지방법원 2018.04.11 2017고단3968
폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

2017 High Order 3968 (Assault) Public prosecution is dismissed.

Reasons

Punishment of the crime

[criminal records] On March 14, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of assault, etc. at the Seoul Eastern District Court, and on May 26, 2016, the same court was sentenced to four months for compulsory indecent act and assault and completed the execution of punishment on July 6, 2017 (the record of repeated crime). In addition, the Defendant is still serving in the appellate court after being sentenced to six months of imprisonment with prison labor for interference with business at the Seoul East Eastern District Court on January 10, 2018.

Around November 12, 2017, the Defendant 2018 Gooman 214, the Defendant expressed the victim’s desire on the ground that the victim I (the 30-year old age), an employee of the said game site in Gangdong-gu Seoul Metropolitan Government, was not in mind, and assaulted the victim’s bath on his/her hand.

"2018 Highest 475"

1. On December 13, 2017, the Defendant, around 00:40, sent the same attitude that the Defendant would normally pay the drinking value even if he did not have the intent or ability to pay, even if he did not receive any alcoholic beverage or alcohol even if he received any alcoholic beverage or alcohol from the 1st underground victim K (V, 58 years old) of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, the Defendant ordered Creju 20, Creju 4, and Saju.

Accordingly, the defendant was provided with alcoholic beverages and clothing equivalent to the market price of 150,000 won by deceiving the victim.

2. The Defendant, upon receiving a report from 112 of the date and time of Paragraph 1, at a place, and on the ground that a policeman affiliated with the Gangnam-gu Seoul Metropolitan Police Station Mountainous District said that he was called the Defendant to “satise the Defendant returning to Korea by paying a drinking value,” and used the Defendant’s chest on several occasions, and used the N’s face face with the Defendant’s chest at several times.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. The defendant's legal statement;

1. Statement I (2018 Height 214), K's statement, N's statement (2018 Height 475)

1. Application of Acts and subordinate statutes to inquiries about criminal history;

1. Articles 260(1), 347(1), and 136(1) of the Criminal Act (hereinafter “the penal provision”)

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