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(영문) 서울서부지방법원 2017.07.05 2017고단852
폭행등
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On December 22, 2016, Defendant A, on the street in front of “G” located in Mapo-gu Seoul Metropolitan Government F on December 22, 2016, the Defendant: (a) received 112 report on the Defendant’s assaulting H and club employee I, a customer; and (b) obstructed the Defendant’s arrest of the Defendant as a flagrant offender and attempted to board the police officer of the Mapo-gu Seoul Mapo Police Station as a police officer to take on the patrol; and (c) caused the Defendant’s assault by walking the said K’s buckbuck part on several occasions.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on crime restraint and maintenance of public order.

2. Defendant B was arrested as a flagrant offender A at the time and place specified in paragraph (1) and the situation in which he was arrested as a flagrant offender and connected to the patrol lane, and the police officer belonging to the Mapo-gu Seoul Mapo Police Station J District is arrested.

“Along with sound, there was assault, such as shacking the shoulder of the above L to the degree of tear and tearing.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on crime restraint and maintenance of public order.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by each police officer of K, L, H, and I;

1. Each statement of M and K;

1. Application of Acts and subordinate statutes to photographs of L's working clothes, and K's boom photographs;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Defendant A: Imprisonment with prison labor and penalty Defendant B: Selection of a fine;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Defendant A with reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The Defendant assaulted a police officer dispatched after having received 112 reports by his own act and interfered with the performance of official duties. In light of the degree and form of interference with the execution of official duties, the responsibility for such crime is not easy.

B. The Defendant was punished by a fine for the crime of injury, and was charged with assault several times, but the agreement has been reached.

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