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(영문) 서울중앙지방법원 2014.08.08 2014고단2009
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On August 16, 2012, the Defendant was sentenced to a suspended sentence of three years and six months of imprisonment by force at the Gwangju District Court on August 16, 2012, and the said judgment became final and conclusive on August 24, 2012 and is currently under suspended sentence.

【Criminal Facts】

1. Around 09:50 on September 15, 2013, the Defendant: (a) took the influence of alcohol at the H coffee shop located in Gangnam-gu Seoul, Gangnam-gu, for an unspecified number of customers without any justifiable reason, expressed in a large interest of “Yew frith, fump, fump, fump, fump, fump, fump, fump”; (b) the victim I (22) dumped the Defendant; (c) dumped the Defendant; (d) dumped the victim; (d) dumped the victim with the less part of the victim; (e) dumpeded the victim; (e) dumped the victim; and (e) dumped the victim and dumped the victim’s face.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. 공무집행방해 피고인은 위 제1항 기재 일시, 장소에서 112신고를 받고 출동한 강남경찰서 J파출소 소속 경찰관 K이 피고인을 제지하였다는 이유로 화가 나서 K에게 “야이 씨발놈아, 감옥가고 싶냐, 맞짱 한번뜨자, 모가지를 째 주겠다”라는 등의 욕설을 하면서 주먹을 휘두르고 발길질을 하였다.

Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of a witness I;

1. Statement of the police statement to K;

1. Lritten statements;

1. A photograph of the victim and a CCTV image data-faging photograph;

1. Previous convictions indicated in judgment: Criminal records and investigation reports and the application of Acts and subordinate statutes;

1. Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act concerning criminal facts, Article 260(1) (a) of the Criminal Act (the occupation of assault for carrying dangerous objects) and Article 136 of the Criminal Act.

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