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(영문) 서울북부지방법원 2016.06.09 2014고단4367

폭행등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At the time of each of the following crimes, the defendant was in a state that he/she lacks the ability to discern things or make decisions.

1. On November 26, 2014, around 20:20 on November 26, 2014, the Defendant assaulted the victim, such as the victim C (18)’s finger hand, which read the victim’s finger hand, and the victim’s finger hand, who read the victim’s finger hand, in front of the 353 home plug 2ndro flus in Seoul, Jung-gu, Seoul.

2. The Defendant, at the time, at the place specified in paragraph 1, stated that he was asked to ask the police officers belonging to the Seoul Central Library Police Station D District, who was dispatched to the site after being reported at the scene of 112, and the police officers, E, and F, expressed that the above police officers “packer E” were “hyped to gyp, cut off, Chewing,” and assaulted the police officers’ chests of E by hand at two times, and obstructed the police officers’ legitimate performance of duties concerning the prevention, suppression, and investigation of the police officer’s crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. Photographs of a part of the victim C's assaulted part, photograph of the part of the victim E, photograph of the part of the assaulted part of the victim E, and photograph of the part of the victim F;

1. Application of the Acts and subordinate statutes concerning photographs by capturing a mobile phone image;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties) of the relevant Act on criminal facts;

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

1. Selection of each alternative fine for punishment;

1. According to Articles 10(2) and 10(1) and 55(1)6 of the Criminal Act for the mitigation of mental and physical weakness (see, e.g., a mental appraisal report), the fact that the Defendant had been in a state of mental and physical weakness due to early illness at the time of committing each of the instant crimes is recognized.

The defense counsel had a mental and physical loss at the time of the defendant

However, the defendant has the ability to discern things or make decisions due to the fact that he had been living together at the time.