2010 Highest 3547 German violence

Kim MaMa (761015 - 1) and police officers

Residential Pocheon-si

Busan Dok-gu

Park Jin-Jin Park

Attorney Lee Im-soo

June 3, 2011

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the charge of direct assault against the victim 00 shall be acquitted.

Criminal facts

After being appointed as a policeman on May 29, 2009, the Defendant served in the Macheon Police Station from May 17, 2010 to from May 17, 201, and assisted with duties concerning the restraint of human beings, such as the prevention, suppression, etc. of crimes;

On February 16, 2010: at around 00, at the above & the police box, the 21,600 won of the taxi rate was not paid. On the ground that she was under the influence of alcohol, she was under the influence of alcohol by the victim 1 (the age of 17) who was in the above police box along with the cab driver, she was under the influence of alcohol. The victim, who was under the influence of her hand, she was under the influence of cutting down the neck of the victim, she was under the seat of the police box, and she continued to see the head without the victim's response, she was under the influence of she was under the restraint of her head, and she was under the direction of her head, she was under the restraint of her head, and she was under the restraint of her head, and then she was under the restraint of her knee by her knee and other her kne.

Summary of Evidence

1. The defendant's partial statement in court;

1. Statement of the police statement about 01;

1. Investigation report (Report on confirmation of video images);

Application of Statutes

1. Relevant Articles of criminal facts;

Article 125 of the Criminal Act

1. Suspension of sentence:

Article 59(1) of the Criminal Act (Article 59(1)(Before opening, the victim is not punishable by the punishment of the defendant

D. The spitation of eggs, such as spitation of spits, while the victim takes a bath under the influence of alcohol at the time.

in the process of preventing a person from committing a crime, so far, he/she has become a police officer in good faith.

All other circumstances, such as the fact that he/she has worked and the degree of violence, etc.

1. The form of suspended sentence;

April of imprisonment and suspension of qualifications for six months;

Judgment on the Defense Counsel's argument

The defense counsel asserted that the defendant's act is a justifiable act within the scope of legitimate execution of duty. However, when compared with the victim's attitude and attitude at the time when the evidence is acknowledged, the defendant's act cannot be deemed as within the scope of legitimate execution of duty in order to prevent the victim, and it goes beyond the generally acceptable scope, and it is reasonable to view that the above argument violates social rules. Thus, the above argument is not acceptable.

Parts of innocence

1. Summary of the facts charged

The summary of the facts charged of the charge of the non-guilty portion of the instant case is as follows: (a) the Defendant was appointed as a policeman on May 29, 2009 and served at the Macheon Police Station & Police Station from May 17, 2010 to assist in performing duties concerning personal arrest, such as prevention, suppression, etc. of the crime; (b) on November 28, 2009: 17:00 Spocheon-si - on Spocheoncheon-si - Spocheoncheon-si - Spocheoncheon-si - Do 19 years old), the victim, who was the suspect of the larceny case in which the written statement was prepared, was found to have discovered that “the victim was not the offender of CCTV,” and “the victim was not the victim at the time of his arrival, who was not the offender, and the victim was detained by the police or any other person who caused the victim to have his personal injury or other criminal injury to the victim by assaulting the mouth and causing him to perform his duties.

As evidence corresponding to the above facts charged, the victim's statement of 00 is flexible.

However, Kim Jong-chul, which was pointed out by 00 as a witness of this case as a witness of this case, is not only an investigation agency, but also an investigation agency, and even in this court, the defendant did not assault 00, and 00 enter and depart, and the 00, who was asked, stolen an article that he does not have to do so, and the defendant did so, and the defendant did so. Thus, the statement that there was a past 10, 00. This is inconsistent with the statement of 00, which is inconsistent with the statement of 00, while it is inconsistent with the statement of 00, which is received immediately and "the fact that there is any material that is said".

In addition, on February 16, 2010 in the first statement of an investigative agency, 00 made a statement that the on-site inspection was followed by the on-site inspection, and that the on-site inspection was followed by the next statement. In this court, it is not the defendant on the day after the on-site inspection again, but on the date when the on-site inspection was conducted again in this court, there is a lack of consistency in the statement, such as making a new statement that he/she was sexually strong from the criminal charge during the counter. It is doubtful whether the police officer’s rank who used to assault himself/herself was three leafs, and that he/she stated in the court (the rank of the defendant is a policeman).

In light of the above circumstances, the statement of 00 is difficult to believe as it is and there is no other evidence.

3. Conclusion

Thus, the above facts charged constitute a time when there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

Judges Lee E-hee