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(영문) 서울남부지방법원 2015.10.07 2015고단2971
자기소유일반물건방화등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 01:00 on July 2, 2015, the Defendant, who owned the general goods and fire, was off from the Defendant’s name at the next park B adjacent to Guro-gu Seoul Metropolitan Government, and was laid off from the Plaintiff’s body and laid down on the floor, and destroyed the fire on the part of the Defendant and thereby causing public danger.

2. The Defendant, at the same date and time as the preceding paragraph, committed assault to the police officer, at the same time and at the same place as the performance of official duties, and during the patrol, he was subject to the control from the police patrol team C, the police officer assigned to the police patrol team of the Seoul Guro Police Station, and the police officer D, saying, “I want to kill him. I will do so? I want to do so? I want to do so? I will do so? I will do so?” and the Defendant interfered with the police officer’s legitimate performance of duties concerning the suppression of the crime by assaulting the said D, such as pushing the chest of the said D on his hand, and making it one time at his hand.

3. Around July 2, 2015, at least 02:30 minutes, the Defendant insultingd the victims by openly brushing the victim C with a large lux of the victim C and the police officer D, who is a criminal police station in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, and three suspects who are not aware of the names being investigated in the criminal and criminal party room, at the location where three suspects are located.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Each complaint filed by D and C;

1. Application of Acts and subordinate statutes to the goods owned by the owner, fire prevention site and insult;

1. Article 167(2) and (1) of the Criminal Act of the corresponding statutory provisions concerning criminal facts (the point of setting fire to the general goods owned by himself, the choice of imprisonment), Article 136(1) of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), Article 311 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. The defendant's reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "the following reasons for sentencing") are without merit.

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