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(영문) 서울동부지방법원 2015.04.30 2015고단404

폭행등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On February 6, 2015, the Defendant: (a) around 00:05 on February 6, 2015, at around 00:5, when the victim B (the age of 61) who was on the road in the 550 Gung Station, was walking a cab for the purpose of business operation operated by the victim B (the age of 61) who was on the front of the 550 Gung Station, and the victim was trying to confirm it; (b) the victim was able to carry a b

Accordingly, the defendant assaulted the victim.

2. At around 01:10 on February 6, 2015, the Defendant engaged in obstruction of performance of official duties, at the Seoul Gwangjin Police Station E District located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant committed assault, such as: (a) continuing to take a bath and assault against B; (b) the background F in which he belongs to the E District; and (c) the light G; (d) “This sprink, frode, flae, flae, flag, flag, flag, this glag” with a large amount of f’s breast part, f’s breast part, and having the f’s upper part of the police uniform, cut down, and teared the f’s upper part.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the management of a person under custody by the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written statement of B, F, and G;

1. Application of Acts and subordinate statutes to teared clothes and photographs;

1. Articles 260 (1) and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a fine, in consideration of the fact that the criminal liability of a defendant is not minor in light of the background, details, and result of the instant crime, but the criminal defendant has no record of criminal punishment, the criminal defendant committed contingent crimes in a deceptive state, and the fact that he/she is against the punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;