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(영문) 서울서부지방법원 2014.11.06 2014고단2548

폭행등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On August 24, 2014, around 04:35, the Defendant used the neck of the victim C (the age of 23) who was next to, without any reason, under the influence of alcohol in front of Mapo-gu Seoul, and assaulted the victim at the time of the victim’s drinking again, after the victim escaped behind.

2. The Defendant at the time, place, and 112 reported on the crime described in paragraph (1) and obstructed the police officer’s legitimate performance of duties on criminal investigation, etc., where: (a) E, the police officer belonging to the Seoul Mapo Police Station D District District, which was called out after having received the report on the crime described in paragraph (1), intends to question the Defendant’s identity and hear the Defendant’s statement; (b) “I am at one time, bit the bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to E, F, and C;

1. Application of Acts and subordinate statutes of violence victim photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of an alternative fine for punishment;

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

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order of provisional payment order is committed by the defendant without any justifiable reason, and the crime of this case is deemed to be committed by two police officers for a long time, and thus obstructing the performance of duties by police officers by drinking while taking a bath for a long time. However, the crime of this case is not easy. However, the defendant did not have any criminal power, and reflects his mistake in depth, and it appears that he committed each of the crimes of this case by drinking.