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(영문) 서울중앙지방법원 2019.06.14 2018고단8330
폭행등
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1. The sentence against the accused shall be determined as a fine of 4,00,000 (private million won);

When the defendant does not pay a fine.

Reasons

Punishment of the crime

On October 13, 2018, at Jongno-gu Seoul Metropolitan Government around 17:05, the Defendant: (a) sent a test fee to a taxi engineer in Jongno-gu, Jongno-gu, Seoul; and (b) expressed a desire to take measures by a police officer C of the Seoul Hypo Police Station who was in charge of traffic management in the surrounding areas; and (c) threatened him/her with his/her hand.

The Defendant used C’s head, who requested the Defendant to keep a threatening behavior, and used C’s arms by hand. The Defendant assaulted C’s arms.

The Defendant interfered with legitimate execution of duties concerning the protection of the lives and bodies of the police officers and the prevention and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C;

1. Application of each film statute of video CDs and black boxes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Rejection of prosecution under Article 334 (1) of the Criminal Procedure Act - Violence;

1. On October 13, 2018, around 17:05, the Defendant tried to open a taxi front of the taxi operated by the victim D (ma and 64 years old) before Jongno-gu Seoul, Jongno-gu Seoul. However, the Defendant sought from the victim the horses that “not operating the taxi on a regular leave of absence,” made a serious desire, and prevented the Defendant from opening and operating the taxi.

When the victim resisted from the car, the defendant tried to get off his back, and assaulted the victim by shoting his back on two occasions of drinking.

2. The offense of assault against a will not be punished is an offense falling under Article 260 (1) of the Criminal Act, and shall not be prosecuted against the will expressed by the victim under Article 260 (3) of the Criminal Act.

Since the victim expressed his/her intention not to be punished against the defendant after filing the prosecution of this case, the prosecution against the assault is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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