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(영문) 서울중앙지방법원 2017.05.17 2017고단1314

폭행등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, around 00:30 on January 19, 2017, 200: (a) 112 reported as assaulting D around C, located in Jung-gu Seoul, Jung-gu, Seoul; and (b) 112 reported as assaulting D, and (c) expressed the E police box F to be called “this sponse F.”

The male in the middle half of 50 shall be reported by the male in the middle half of 50 and shall be multiplied by the drinking.

In the course of the police officer Han-gu test, the police officer tried to assault the above male, and the police officer was prevented from assaulting F.

The defendant assaulted the F's chest because of the double hand, and interfered with the police officer's legitimate execution of duties concerning the handling of report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to field violence and photographs;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although it is not good to form a crime by exercising violence against police officers on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) there is a good nature of crime by exercising violence against police officers on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act; (b) the degree of violence is not limited; (c) the crime of this case is committed by drunk and contingently; (d) the victimized police officers want to take the Defendant’s wife against the Defendant; (c) the Defendant is the primary offender; (d) the Defendant’s age, sex, environment, motive and consequence of the crime; and

Rejection of Public Prosecution

1. 공소사실의 요지 피고인은 2017. 1. 18. 23:55 경 서울 중구 G 건물 1 층 출입문을 시끄럽게 열고 들어오는 것을 G 건물 1 층에서 음식점을 운영하는 피해자 D(33 세) 이 기분 나쁘게 쳐다보았다는 이유로 피해자에게 “ 야 이 새끼야 뭘 야리냐

“Along with the breath of the victim, the victim batdd and batd with bat, and spherd with spherd and spherd with the arms, etc.

2. The above facts charged are determined by Article 260 of the Criminal Act.