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(영문) 서울북부지방법원 2015.07.23 2015고단986
폭행등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. At around 21:40 on January 27, 2015, the Defendant: (a) in the packaging penta in front of the building in Gangseo-gu Seoul, Gangnam-gu, Seoul; (b) solicited other customers to restrain the victim C (the age of 31) who is the customer, and return to the house while coming to the house; (c) took the victim’s desire and take the back to the house; (d) went out of the packing penta; and (e) went back to the packing penta without return to the house; and (e) took the victim back into the packing penta, and (e) took the victim’s back one time at the back head of the victim’s back due to drinking.

2. Around 22:10 on January 27, 2015, the Defendant: (a) arrested the victim of the victim F, who was a police officer belonging to the said police box, and was under investigation, as prescribed in paragraph (1) of this Article, who was arrested as a flagrant offender by assaulting C as a case involving assaulting C at the Seoul Gangseo-gu Seoul Northern Police Station Emba, Seoul Northern Police Station Emba, and was in the process of investigation; (b) and (c) expressed the victim F, who was the police officer belonging to the said police box, with the strong desire to “Isk, Chewing, Chewing, Chewing, and Chewing bit of a bitch,” thereby openly insulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to C and F

1. Relevant Article 260 (1) of the Criminal Act and Article 311 of the Criminal Act that applies to the crime (the point of violence and the choice of imprisonment), the choice of punishment (the point of insult and the choice of imprisonment);

1. Criteria for sentencing reasons for aggravated concurrent crimes in Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act;

(a) Crimes of assault [type] Crimes of assault and general assault [Scope of Recommendation] Basic Field ( Imprisonment between February and October);

(b) Offenses of insult: Crimes of not setting the sentencing criteria; and

C. Handling multiple offenses: (a) since the former part of Article 37 of the Criminal Act between a crime setting the sentencing criteria and an unestablished crime is concurrent crimes; (b) the lower limit (two months of imprisonment) of the sentencing criteria should be observed; (c) the major sentencing factors and the accused’s motive, means and methods, age, occupation, character and conduct, environment, etc. are determined to comply with the sentencing criteria.

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