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(영문) 서울북부지방법원 2012.12.27 2012고단2539
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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

The defendant is a non-permanent person, who is the father of the victim D(34) and the father of the victim.

1. Around September 28, 2012, the Defendant violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) committed an assault, such as gathering of a bruptor (bb) that was a brush in the Defendant’s residence of Dobong-gu Seoul, Seoul, by drinking alcohol at the Defendant’s residence, and taking the brush of the brush at the Defendant’s only drinking, and taking the brush of the brush at the Defendant’s residence, thereby preventing the Defendant who was reported.

Accordingly, the Defendant, while walking up about two occasions on the victim's bridge, was frightened, and frightened in the main room, and frightened the victim's arms, and the victim frighted against C her arm's length, and her hump hump hump hump hump hump hump hump hump hump hump hump hump hump hump hump hump.

2. On September 29, 2012, the Defendant engaged in obstruction of performance of official duties: (a) assaulted at the place indicated in paragraph (1) at around 20:35 on September 29, 2012, by assaulting the police officer’s head to force the Defendant to arrest him/her as a flagrant offender and carry him/her at one time, and obstructing the police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation of the H crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C, D, and H

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties, the choice of imprisonment with labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The suspended sentence is set forth in Article 62(1) of the Criminal Act;

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