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(영문) 서울남부지방법원 2015.12.18 2014고단4366

폭행등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant: (a) was engaged in activities in the Guro-gu Seoul Metropolitan City Park 35-distance Dominton Association, which was going to withdraw from the Republic of Korea; (b) had a good appraisal against the members of the said Dominton Association.

At around 08:40 on September 6, 2014, the Defendant, at the above park around 08:0, took a bath to the same club members such as the victim D (the 59-year old age), who was in the Edridton, and took a disturbance to prevent the above club members from doing any campaign, and the victims and club members prevented the Defendant, and the victim and club members committed assaulted the victim's chest with the hands floor and the blue blue with the blue.

2. On September 6, 2014, the Defendant: (a) around 09:00, at the place of the foregoing paragraph (1); (b) on September 6, 2014, the police officer F, who belongs to the E District of Seoul Police Station E District, sent out after receiving a report of 112, failed to prepare a written statement; (c) make the said club members prepare any defect; (d) make the written statement; and (e) make the same club members take away the written statement; and (e) assault the police officer’s chest by hand upon the police officer’s restraint.

Accordingly, the defendant interfered with the police officer's performance of official duties on the investigation of the case and the maintenance of order.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Each statement made by a witness H, I, J, K, D, and L in the second trial records;

1. Application of Acts and subordinate statutes to on-site reports;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of each fine for the crime;

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

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

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order denies the crime of this case.