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(영문) 창원지방법원 마산지원 2015.08.19 2015고단510

폭행등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 2015. 3. 21. 02:20경 창원시 마산합포구 C에 있는 D병원 응급실 앞길에서, 112신고를 받고 현장에 출동한 마산중부경찰서 E지구대 소속 경위 F, 경위 G으로부터 피고인의 H에 대한 폭행 사건의 조사를 위해 임의동행해 줄 것을 요구받자, “야 이 씨발 놈아, 개자슥아, 너거가 먼데, 함 해보까”라는 등으로 욕설을 하면서 F의 멱살을 잡아 흔들어 밀치고, 발로 G의 오른손을 2회 차고, G이 제지하자 계속하여 G의 멱살을 잡아 흔들고 밀어 넘어뜨리는 등 폭행하였다.

As above, the Defendant interfered with the police officer’s legitimate performance of duties concerning handling 112 reports.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each statute on the statement of H, G, F, and I prepared by the police;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine (in depth, any previous conviction, and the degree of assault, etc. of this case)

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse, asserts that the defendant was in a state of mental disorder by drinking alcohol at the time of committing the instant

However, according to the above evidence, although the defendant could drink at the time of the crime of this case, considering various circumstances such as the background, method, and circumstances before and after the crime of this case, it cannot be seen that the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case, so the above assertion by the defendant and the defense counsel cannot be accepted.

Public Prosecution Rejection Parts

1. Of the facts charged in the instant case, the Defendant, at around 02:20 on March 21, 2015, was the victim at the emergency path of the D Hospital in Changwon-si Mhappo-si C, Changwon-si around March 21, 2015.