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(영문) 인천지방법원 2016.04.28 2016고단846

특수폭행등

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. Around January 17, 2016, at around 02:50, the Defendant used a beer disease, which is an object dangerous to the floor of the victim, who frighted to return home while drunkly under the influence of alcohol at D summary points operated by the victim C (V, 50 years of age) located in Nam-gu Incheon Metropolitan City, Nam-gu. The Defendant used a beer disease, which is an object that may injure the victim’s desire to return home, and served on the ground of the victim’s bridge.

2. On January 17, 2016, at around 03:05, the Defendant received C’s 112 report due to the reasons stated in paragraph 1 at the place indicated in paragraph 1 at around 03:05, and called up to the Defendant, who recommended the Defendant to return home, and took a bath to F officer belonging to the Incheon Southern Police Station Emba Team, who was posted out of the floor, and assaulted the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Determination of the Defendant’s assertion of C’s written statement was about the Defendant’s physical and mental weakness at the time of committing the crime.

The argument is asserted.

However, considering the circumstances and methods of the crime, the details of the crime, the defendant's behavior before and after the crime, etc., it is not deemed that the defendant lacks the ability to discern things or make decisions due to drinking, and thus, the above assertion by the defendant cannot be accepted.

Application of Statutes

1. Relevant Article 261 of the Criminal Act, Articles 260(1) (a) of the Criminal Act, Article 136(1) (a) of the Criminal Act, and the choice of fines for the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment recognizes and reflects the crime, and the above victim is punished by agreement with the victim of special assault.