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(영문) 대전지방법원 천안지원 2017.07.13 2017고단532
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

B shall be punished by a fine of KRW 3,000,000.

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

around 03:10 on February 25, 2017, the crime history room of the crime (Defendant B), the circumstances belonging to the D District Police Station of the Asan Police Station, and the patrolman F, upon receiving a report from 112 and demanded that A present human resources, such as resident registration certificates, on the front of the H in the Asan City, where he/she was dispatched to the police station of the crime, and that he/she was refused by A.

Accordingly, the defendant B, who was followed by the defect that the F notified A of the right to refuse to make a statement and attempted to arrest a flagrant offender, intends to arrest us.

“A large sound, E with a floor of a lar, and the upper part of the chest with a drinking and a handlight, coming to F, made the upper part of the chest two times, and in the process of suppressing it, F’s face with a hand, etc., the inside breath, which was worn by F, was cut off on the floor.

Accordingly, the defendant, who is a police officer, interfered with legitimate execution of duties concerning the handling of reported cases and the arrest of flagrant offenders.

Summary of Evidence (Defendant B)

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. 112 A list of reported cases;

1. Application of the Acts and subordinate statutes on photographic materials (Defendant B);

1. 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 Competition;

1. Selection of a fine for negligence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B) of the Criminal Procedure Act on the Aggravated Punishment of the instant crime (Defendant B thought that the police officer unfairly arresteds his own punishment, and assaulted police officers as stated in the facts constituting the instant crime

Taking into account the circumstances, such as the obstruction of performance of official duties and the degree of violence, the criminal records of Defendant B (no criminal record exists except for those who have been sentenced to one year and six months of imprisonment due to the refusal of military service due to religious reasons) and deposit 50,000 won against the victimized police officers, respectively. The acquitted (Defendant B) and the dismissed part of the prosecution (Defendant A)

1. The facts charged.

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