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(영문) 서울동부지방법원 2017.11.17 2017고단3320
폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 12, 2017, the Defendant: (a) around 23:28, the Defendant: (b) took the back seat of a private taxi operated by the victim B (63 tax) at the crosswalk around the Sero-dong Scamb in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (c) took a bath on the ground that the taxi was sent out to the destination of the victim at the lower seat of the private taxi located in Gangdong-gu Seoul, Gangdong-gu, Seoul, the destination; (d) around 23:39 of the same day, the Defendant took a bath on the ground that the taxi was sent out to the victim bypassing the destination of the passenger at around 3rd-gu, Songpa-gu, Seoul, 260 Scamba City; and (e) took time off the passenger, who was demanded by the victim, who was seated in the driver’s seat, and was able to take the face of the victim by constanting the victim’s seat.

2. On September 12, 2017, the Defendant interfered with the performance of official duties: (a) assaulted the Defendant at around 23:52, Songpa-gu Seoul Songpa-gu, 260, “Any person who interferes with the taxi business” in front of the exit of the 3rd week in the 260 Singu, Songpa-gu, Seoul, by receiving 112 reports, to arrest the Defendant as a flagrant offender with the crime described in paragraph (1); (b) obstructed the Defendant’s body in his/her hand; and (c) obstructed the police officer’s legitimate performance of duties concerning the handling of the reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the laws and regulations on police statements made to B and D;

1. Article 260(1) and Article 136(1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (Confessions and reflects on the suspension of execution);

Marriage is leading to marriage.

It seems to be a contingent crime.

There is no provision of criminal punishment heavier than that imposed since 2004.

1. The community service order under Article 62-2 of the Criminal Act;

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