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(영문) 서울서부지방법원 2019.08.21 2018고단3526

폭행등

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[2018 Highest 3526] Around 22:50 on October 3, 2018, the Defendant used the victim C (n, 23 years of age) in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. At the Dial convenience point, the Defendant expressed the victim’s desire to “I will do so,” and assault the victim at one time as “I will see if I will see the victim’s stick.”

[2019 Highest 1715] On May 16, 2019, the Defendant: (a) while drinking alcohol at the Changcheon Cultural high school located on May 16, 2019, Seodaemun-gu Seoul Seocheon-gu, Seoul, the Defendant: (b) 112 reported that “A police officer, who is a police officer of the Seoul Western Police Station E District E-gu Seoul, called “Ising the Defendant to return home; and (c) he solicits the Defendant to do so; (d) he was seated with the shoulderer’s disease located on the floor; and (d) brought about in the near future; (e) while having continued to do so, G used plastic cups on the floor; and (e) caused the Defendant’s humbling and threatening the Defendant’s hicker who booming him by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning 112 reporting.

Summary of Evidence

[2018 Highest 3526]

1. Defendant's legal statement;

1. Statement to C by the police;

1. Video CDs;

1. Investigation report (Attachment of a photograph of a stick carried by a suspect);

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. 112 Statement of report processing and place of work;

1. Application of the Acts and subordinate statutes on screen pictures taken by police officers in mobilization and on-site CCTV CDs;

1. Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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