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(영문) 서울동부지방법원 2014.12.16 2014고단3004
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

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

Reasons

Punishment of the crime

On August 27, 2014, the Defendant was sentenced to imprisonment with prison labor for five months at the Seoul Eastern District Court for the crime of injury, and the judgment was finalized on September 4, 2014.

1. On September 27, 2014, around 18:30 on September 27, 2014, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) was unable to smoke from tobacco at the Defendant’s home located in Gwangjin-gu Seoul Special Metropolitan City, when the victim E (here 14 years of age) (here 14 years of age), who is a dangerous object, head, arms, leg, etc. of the victim, head, arms, etc. of the victim.

Accordingly, the Defendant, carrying dangerous objects, and assaulted the victim.

2. On September 27, 2014, the Defendant was arrested as a flagrant offender due to the criminal facts under paragraph (1) of this Article, and was transferred to the Seoul luminous Police Station and office located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, Seoul, on September 27, 2014, and brought a disturbance, such as putting the iron door in hand and skeing it down to the police officer F and sloping G, and assaulted the above FF at one time by drinking, and assaulted the nose of the said G at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the safe guard of the arrested person.

3. 모욕 피고인은 제2항과 같은 일시 및 장소에서 제2항과 같이 피해자 순경 F과 피해자 경사 G이 자신을 제지하며 수갑을 채웠다는 이유로, E, H 및 다른 사건관계자들이 있는 자리에서 피해자들에게 “니네 씨발놈들, 내 세금으로 먹고 사는 놈들, 별것도 아닌 것들이 일대일로 맞짱을 뜨면 좆도 못쓰는 것이 니들 나가서 죽을 줄 알아, 좆같은 새끼들아, 이 호로새끼야, 죽여줄께, 개새끼야”라고 큰 소리로 욕설하였다.

Accordingly, the defendant insultd the victims openly.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Statement of the police statement of E;

1. Each statement of H, E, G, and F;

1. Each photograph;

1. Previous convictions in its ruling: The same kind of inquiry reports and investigation reports.

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