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(영문) 수원지방법원 2016.02.17 2015고단5780

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

1. On November 20, 2015, the Defendant: (a) obstructed the business of the victim D, operated by the victim D in Suwon-si, Suwon-si, Suwon-si; (b) obstructed the victim’s singinginging the Defendant’s refusal of the victim’s request for the Defendant who wishes to engage in her weather; and (c) obstructed the victim’s singinging operation by force by avoiding disturbance for about twenty (20) minutes.

2. The Defendant interfered with the performance of official duties, upon receiving a report of 112 of the person to whom the disturbance was addressed in E, sent to G after having been dispatched to the site by the police box of the Suwon Southern Police Station, and the Defendant “I wish to be accompanied by the cexpule death tank” to G.

“Along with the desire to take a bath, assaulted the chest of the said G at one time, such as selling the chest of the said G at hand.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of the Acts and subordinate statutes to investigation reports (to attachCCTV dynamic images);

1. Article 136 (1) and Article 260 (1) of the Criminal Act (the point of obstructing the performance of official duties) concerning facts constituting an offense;

1. Selection of each alternative fine for punishment ( Taking into account that the damaged person does not want the punishment of a defendant and that the damaged person is an initial offender);

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

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On November 20, 2015, the summary of the facts charged: (a) on November 20, 2015, the Defendant changed from E located in Suwon-si, Suwon-si, Suwon-si, and (b) on the other hand, but this part of the Defendant D (C) did not turn back to the Defendant.

As the phrase "I amb, I am called "I amb" to the victim, and the victim assaulted the victim at one time by using a bad hand at the inside part of the victim.

2. The facts charged in this part of the judgment are an offense falling under Article 260(1) of the Criminal Act and may be prosecuted against the victim’s express intent in accordance with Article 260(3) of the Criminal Act.