logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.07.10 2013고단739
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

1. Around February 3, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective act of violence, deadly weapons, etc.) 04:30, on the ground that the Defendant Da Da Da Da Da 259, a Red Children Park in Mapo-gu, Mapo-gu, Seoul, 359, had the victim C (25 years of age) who performed a public performance at that place, without any justifiable reason, talked with the police officer dispatched after receiving the report by the said victim about his or her disadvantage against him or her, and assaulted the victim by putting him or her away from the floor, by gathering a beer, which is a dangerous object that he or she had talked with the police officer.

2. Performance of official duties;

A. At around 05:00 on the same day, the Defendant: (a) 112 reported at the place specified in paragraph (1) and sent out to the site by a slope E belonging to the Mapo Police Station D District Unit of Mapo Police Station without any justifiable reason, and assaulted by the Defendant, such as shacking the said E in his hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the suppression of crimes.

B. At around 05:10 on the same day, the Defendant committed assault to the above E, who was seated in the lower seat of the patrol vehicle, such as “Woo-kicked off, E straw,” and flabing E’s head debt by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to E, C, and F

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act on the Punishment of Crimes concerned, Article 260(1) of the Criminal Act (the point of assaulting carrying dangerous objects), and Article 136(1) of the Criminal Act on the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Order of community service;

arrow