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(영문) 서울남부지방법원 2013.08.29 2013노1011
폭력행위등처벌에관한법률위반(상습폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. (1) There is no fact that the Defendant committed assault against the victim E in violation of the Punishment of Violences, etc. Act (Habitual assault).

(2) The Defendant called at the I community service center for the obstruction of performance of official duties and filed a civil petition on the request for management, etc. of the mixed Defendant by making use of kimchi, ballot paper, and brain color, and the Defendant expressed a desire to the Defendant.

Although the defendant raised an objection, the defendant did not observe his promise but did not observe his promise, so he did not want to get his wife and his father to find his wife and his father to the public officials or interfere with the execution of his official duties.

B. At the time of committing each of the instant crimes with mental disorder, the Defendant was suffering from mental disorder.

C. The sentence of the judgment of the court below on unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. (1) According to the reasoning of the judgment on the assertion of mistake of facts (1) as to the violation of the Punishment of Violences, etc. Act (Habitual Violence), the statement at each court of the original judgment, D, and E in each prosecutor's office and police statement at each prosecutor's office and police statement at each court of the original judgment, the defendant frequently assaulted D and E from around November 1997, and from around November 2008, from around November 2008, when E was withdrawn, until November 201, when E was withdrawn, it is sufficiently recognized that he habitually abused E as stated in the list of crimes in the attached Table of the original judgment, so this part of the defendant's assertion of mistake of facts is without merit.

(2) According to the statement in the court of the court below and the statement in the police statement in J against the obstruction of the performance of official duties, the defendant called the I community service center from December 7, 2012 to January 4, 2013 to the J, who is a public official, called the I community service center, saying, "the defendant gets off his house and her wife and her wife," and "I am fright with salt fright, and I am fright with salt fright," it is sufficiently recognized that the defendant interfered with the J's official performance of official duties by threatening him.

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