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(영문) 서울중앙지방법원 2021.01.18 2020고단8559
폭력행위등처벌에관한법률위반(공동폭행)등
Text

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

However, 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

1. On September 20, 2020, the Defendant violated the Punishment of Violences, etc. Act (joint assault) with B, and around 18:50 on September 20, 202, the Defendant was under the influence of alcohol in front of Gwanak-gu in Seoul Special Metropolitan City, the victim D ( South Korea, 40 years old) and Sivia in front of Gwanak-gu in Seoul Special Metropolitan City, and the Defendant was under the influence of the victim once, and the victim was under the influence of the victim’s body, and the victim was under the control of the victim B, while the victim was under the control of the victim B, the victim was taken by drinking by the victim who was under the influence of the victim. In addition, the Defendant was re-populated with the victim, and the victim was under the restraint of the victim, and the victim was under the influence of drinking and drinking the victim beyond the floor.

Accordingly, the defendant assaulted the victim jointly with B.

2. On September 20, 2020, the Defendant interfered with the performance of official duties, who received a report No. 112 prior to the station No. 6 of the Seoul, Gwanak-gu, Seoul Special Metropolitan City, on September 20, 2020, and received a request from F to explain the situation from the police officer affiliated with the police officer of the Gwanak-gu, Seoul Special Metropolitan City E box of Police Station E box, “I am I am I am I am I am I am I am, I am I am I am I am, I am I

“Absing the hump, Chewing,” and assaulting the said F F’s chest on two occasions, such as cutting down and cutting down his chests, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of civil petition reports.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of the police statement report (No. 10 No. 5 of the evidence list) to F

1. Relevant Article 2(2)1 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 2(2)1 of the same Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act is that the defendant is against the confession of each of the crimes of this case, and the defendant interferes with the execution of official duties of this case.

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