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(영문) 서울남부지방법원 2015.06.24 2015고단1647

독직폭행

Text

A defendant shall be punished by imprisonment for six months and suspension of qualifications for each year.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a police officer working for the DNA Team affiliated with the Seoul Yeongdeungpo Police Station C District Team.

On December 3, 2014, at around 02:34, the Defendant reported that there was a dispute between the victim G, who is a guest of the said female house, by going through a disturbance, such as singing, in front of the FF in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, the Defendant: (a) arrived before the said female house upon receiving an on-site order; (b) the Defendant’s testimony from the female house, and (c) the Defendant’s failure to impose a penalty in writing against the victim G on the ground of nearby disturbance under the Minor Offenses Punishment Act; (d) the victim’s failure to stop the home house; and (e) how much she flick was drinking, “I am flick on the ground that I am flick,” and flick, “I am flick on the ground that I am flick and flick on the ground that I am flick and flick on the part of the victim; and (e) the Defendant flick up to 1 to 20 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecutor to the prosecution;

1. Statement of each police station;

1. A complaint;

1. Each report on internal investigation:

1. Application of CCTV analysis-related statutes;

1. Article 125 of the Criminal Act concerning the relevant criminal facts;

1. The reason for sentencing under Articles 62(1) and 62(2) of the Criminal Act, where a police officer, who is obliged to protect the legal order, commits an assault against a suspect regardless of the degree of difference in the process of performing his/her duties, is not only a police officer’s basic qualities and character, but also a criminal who may impair public confidence in the public authority and cause human rights violations issues. In the case of a defendant, the victim may be prevented and finished his/her duties within a short period of time, but he/she is able to spawn down and boom the victim by spathing the flab and cutting down the breath by hand for a considerable period of time.