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(영문) 서울서부지방법원 2016.08.31 2016고단738
폭행등
Text

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

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Punishment of Violences, etc. Act at the Seoul Western District Court on March 26, 2013. On December 13, 2013, the Seoul Western District Court sentenced the Defendant to a suspended sentence of one year and four months for a crime of violation of the Narcotics Control Act at the Seoul High Court on December 13, 2013, and the said sentence became final and conclusive on February 27, 2014, and completed the said suspended sentence on June 12, 2015.

[Criminal Facts]

1. Around 04:40 on March 19, 2016, the Defendant assaulted the victim F (26 years old) and the victim G (26 years old) face of the E restaurant located in Yongsan-gu Seoul, Yongsan-gu, Seoul, to take a bath for female customers, and to walk up his/her pedal.

2. The facts charged as to obstruction of the performance of official duties include the fact that the defendant took a bath, but the prosecutor did not prosecute the facts as a crime of insult, and the defendant cannot be prosecuted to the effect that he threatened the public official performing his duties. As such, the part of the facts charged that meets the requirements for obstruction of the performance of official duties (the part that assaulted the public official performing his duties) shall be organized as follows to recognize the facts charged.

On March 19, 2016, around 04:50 on March 19, 2016, the Defendant spited a spit in J’s face within the I District of the Seoul Yongsan Police Station located in Yongsan-gu Seoul, Yongsan-gu, Seoul. Accordingly, the Defendant assaulted police officers who perform legitimate duties concerning the handling of reported cases and the performance of duties within the area.

3. 모욕 피고인은 계속하여 제 2 항 기재 지구대 내에서 인적 사항을 확인하기 위해 다가 간 위 지구대 소속 경 사인 피해자 K에게 제 1 항 기재 폭행 사건 피해자 F, G, 목격자 L 등이 있는 자리에서, “ 이 씹할 놈 아, 뻑 유, 씨 발 새끼야, 좆 만한 새끼야 ”라고 욕설을 퍼부어 공연히 피해자를...

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