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(영문) 의정부지방법원 2020.08.24 2020고단276
폭행등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

As seen below, the prosecution on the obstruction of performance of official duties was dismissed, and the facts charged concerning the obstruction of performance of official duties were appropriately revised.

1. At around 02:55 on November 19, 2019, the Defendant assaulted F on the ground that “I want to take down spits out of the window in front of the C convenience store located in the Gyeonggi-si, on the ground that “I want to take down spits out of the window while getting on or off a taxi and take off the spits, and spits the horse as hand off the spits,” which was called “I want to take off the spits from the spits,” which was called “I will grow up and cut down, I will pay the taxi fee.”

2. At around 03:00 on November 19, 2019, the Defendant, while under the influence of alcohol, assaulted F in the face of the above F twice, even though he was arrested as a flagrant offender by committing an act of obstructing the performance of official duties, as described in paragraph 1, in the “E District” located in G in Yangju-si.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reported cases two times as above.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement of statement;

1. Written statements of D;

1. Application of a DNA-camp video CD-related statute;

1. Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act among the concurrent crimes under Article 136 (1) of the Criminal Act and the choice of punishment for the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order exercised an assault against a police officer in the course of performing official duties after receiving a report of 112, and in addition, the police officer's face was spited even though he was arrested as a flagrant offender.

The crime of this case requires strict punishment for the establishment of social law order and public authority.

The nature of the crime is not good in light of the method and degree of the assault of this case.

However, this case.

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