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(영문) 서울중앙지방법원 2013.09.03 2013고단2819
무고등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 19, 2013, at around 00:20 on May 19, 2013, the Defendant: (a) was asked to get off a taxi from the D Assistant Inspector belonging to the Seoul Gangnam Police Station Police Station, which was dispatched after having received 112 reports related to the assault case; (b) she was asked to get off a taxi; (c) she was the police officer; (d) she was sheed, she was frighted; (d) she was frighted; (e) she was frighted; (d) she was frighted; (e) she was frighted; (e) she was frighted; (e) she was frighted; (e) she was frighted; and (e) she was frighted by her hand; and (e) she was frighted by her hand.

As a result, the Defendant interfered with the legitimate execution of D's duties related to the suppression and prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Relevant provisions of criminal facts: Article 136 (1) of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

1. Reasons for sentencing: The offense is very poor for the defendant to have committed an assault against a police officer who arrests him.

However, the defendant is sentenced to a fine as ordered in consideration of the fact that the defendant was under the influence of alcohol at the time and seems to reflect his mistake in depth after he committed the crime, that the victim deposited one million won with the victim, that he did not have any criminal record of the same kind or suspension of execution, and other sentencing conditions in the records, such as the defendant's age, character, conduct and environment, etc.

The non-guilty part (unguilty part)

1. On May 19, 2013, the Defendant’s summary of the facts charged is that “The Defendant may file a complaint against a police officer who has been assaulted against the police officer, who is a person in charge of his/her duties, at the cell of the Seoul Gangnam Police Station (hereinafter “Seoul Police Station”).” The Defendant said, “In the process of coming from the police box to the Seoul Gangnam Police Station, the force of the force box would not open to the police officer who belongs to the Seoul Gangnam Police Station, thereby hiding the bones.”

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