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(영문) 서울서부지방법원 2015.06.18 2015고단532
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

1. The Defendant, while under the influence of alcohol on March 7, 2015, took a taxi operated by the victim B in the vicinity of the Dongjak-gu Seoul subway (Seoul subway) on and around 02:40 on the same day, and arrived at the frontway of the exit of the 270 subway, Seodaemun-gu Seoul, Seogu, Seoul, and then requested the victim to pay the taxi expenses, “Y-kak kack kack kack kack kack,” and “Y-kak kack kack kack kack kack kack kick kick kick, all of which were pusheded by the victim.”

Accordingly, the defendant assaulted the victim.

2. 공무집행방해 피고인은 1항 기재 일시장소에서 위와 같이 B와 시비를 벌이다가 신고를 받고 출동한 서대문경찰서 C지구대 소속 경장 D으로부터 제지를 당하자 화가 나, D에게 “씨발새끼야. 좆까고 있네.”라고 욕설하고, 그를 손으로 밀어 바닥에 넘어뜨리고, 무릎으로 넘어진 D의 얼굴을 1회 때리고, 발로 낭심 부위를 4회 걷어찼다.

As a result, the defendant interfered with legitimate execution of duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement B and D to the police protocol;

1. Article 136 (1) and Article 260 (1) of the Criminal Act of the corresponding Article of the Criminal Act concerning the crime (the point of violence and the selection of fines);

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, and environment, shall be determined by comprehensively taking into account all the factors indicated in the instant pleadings.

The Defendant recognized all of the instant crimes and is in profoundly against the Defendant.

B. On June 25, 2014, the Defendant was sentenced to a fine of KRW 300,000 by the Seoul Western District Court for a violation of the Establishment of Homeland Reserve Forces Act, and was sentenced to a fine of KRW 300,00.

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