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(영문) 서울북부지방법원 2013.07.04 2012고정3560

폭행

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

C and D operate a singing room between husband and wife, and the defendant is the wife of C.

C and D around October 15, 2012, around 12:36 on October 15, 2012, the payment of the E and fee, a taxi engineer, was at the street in front of the 496-10 community credit cooperatives in Jung-gu Seoul, Jung-gu, Seoul, and the defendant was contacted with C and arrived at the above location.

The Defendant, at the above time and place, called up after receiving E- 112 report, and identified the circumstances of the case, obstructed the legitimate execution of duties by the police officer in relation to criminal investigation by carrying out his body while carrying out a bath as to why he would go to G by the police box belonging to the Seoul Southern Police Station.

Summary of Evidence

1. Witnesses G and E respective legal statements;

1. Application of each police protocol of statement to E and G;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant did not assault the police officer G, and even if the Defendant exercised force against G.

The defendant asserts to the effect that the defendant's act constitutes self-defense or legitimate act by acting in the process of passive response to the illegal arrest of police officers C and D.

In addition to the records of the evidence in the holding, the police officer G, H, C, D, and taxi engineer E were reported to the instant site upon receipt of a report that the issue of payment of taxi charges was set to C, D, and E, and E stated that the above police officer was assaulted by C and D during the city of vision. The above police officers followed the witness's statement in E and surrounding areas, and notified C and D of the principle of disturbance, and attempted to arrest C and arrest D as a flagrant offender. Accordingly, the Defendant expressed a desire to D and B at the instant site, and G and D are carrying the patrol.