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(영문) 서울중앙지방법원 2019.06.20 2019고단2796
특수폭행등
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant: (a) at the front India located in Jongno-gu Seoul Metropolitan Government E, the Defendant: (b) installed a tent with a plosculing card attached to the ploscule card attached to “An Ma of the New Age,” and “the Unification of the North Korean War”; and (c) had the mind to interfere with the assembly by means of dividing the printed matter into the following parts: (a) deeming that the said phrases were leading to war; and (b) removing the ploscule by force the ploscule card.

At around 10:40 to 11:10 on April 20, 2019, the Defendant: (a) opened one cut machine, which is dangerous goods at the above location, with one knife and one knife knife; and (b) opened two flife cards with which the market price of the victim C is unknown, and opened up in hand, with two flife cards with which the victim C’s market price cannot be known.

In the process, the defendant, the victim F (the age of 54) who was the participant in the assembly, was forced to cut the scambling with the victim and body fighting in his hand, and forced the scambling.

Accordingly, the defendant carried dangerous articles and damaged the victim C's property, assaults the victim F, and interfered with a peaceful assembly held at the B headquarters.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Copy of the report for outdoor assembly;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1) of the Criminal Act that apply to criminal facts, the choice of punishment, Articles 369 (1) and 366 of the Criminal Act, Articles 22 (1) and 33 (1) of the Assembly and Demonstration Act (the point of obstructing assembly and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

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

1. Confiscation Article 48(1)1 of the Criminal Act

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