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(영문) 서울동부지방법원 2015.07.17 2015고단1168

폭행등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 25, 2015, at around 01:05, the Defendant: (a) tried to arrest the Defendant as a flagrant offender; (b) attempted to take the Defendant’s part of the police officer’s dispatch of the police officer to the right drinking; (c) attempted to assault the Defendant’s vessel on the front of the D main line located in Gwangjin-gu Seoul Special Metropolitan City, by assaulting the police officer twice again on the front of the D main line; and (d) obstructed the police officer’s prevention, suppression, investigation, and maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to F and G;

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

1. Selection of a fine to choose a sentence (the following are considered: (a) the defendant recognizes and reflects the crime of this case; (b) the defendant has been punished for the same kind of crime but has a record of 20 years prior to the previous offense; (c) the fact that the defendant appears to be a contingent crime; and (d) the degree

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On March 25, 2015, the Defendant, among the facts charged in the instant case, assaulted the victim G (27 years of age) who was the principal store located in the D main store in Gwangjin-gu Seoul Special Metropolitan City, by hand on the ground that he did not bring himself into the main store, on the street before the D main store in Gwangjin-gu Seoul Special Metropolitan City.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act that cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the written agreement bound in the trial records, it is recognized that the victim withdraws his/her wish to punish the defendant on June 24, 2015, which is the date of the prosecution of this case. Thus, pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.