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(영문) 서울동부지방법원 2018.05.31 2018고단145
폭행등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 01:30 on January 11, 2018, the Defendant and his/her daily playing in Songpa-gu Seoul Metropolitan Government D'E'. On the front of the food 'E', the Defendant and his/her daily playing together are wraped with a driver, and the background G belonging to the F District of the Seoul Metropolitan Police Station, and the Gyeong H called 112 reported and called out to the place, and I ( South, 24 years old) who complied with the fighting, sent the fighting to the place, and the Defendant and the Defendant sent the 112 report. The Defendant’s statement about the facts he/she appeared to the said police officer, “d

“In doing so by hand, I assaulted the Defendant by putting the head debt of the said I, and the above H arrested the Defendant as a flagrant offender committing the crime and assaulted the Defendant at one time on the left face of the said H with his hand.

Accordingly, the defendant interfered with the police officer's 112 report processing and lawful execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the Acts and subordinate statutes governing Gyeongp's photograph;

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

1. Selection of a fine for selective punishment (such as the fact that police officers H have not been punished by a defendant, and that the defendant has no record of exceeding the power or fine of obstructing the performance of official duties, etc.);

1. The part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act with the detention in a workhouse

1. On January 11, 2018, the Defendant’s summary of the facts charged reveals that the Defendant and his/her daily behaviors are wraped with a 'E' food in Songpa-gu Seoul, Songpa-gu, Seoul. However, the Defendant and his/her daily behaviors are wraped with a driver on behalf of the Defendant, and the victim I ( South, 24 years old) who sent to the place after receiving a 112 report by the F District of the Seoul Song-gu Police Station F District H, Seoul, and sent to that place, and the victim I ( South, 24 years old) who had observed a fighting by chance, made a statement about the fact that he/she appeared to the said police officer, and

“In doing so by hand, the victim abused the victim by putting the head debt of the victim’s hand.”

2. Determination

(a) Applicable legal provisions: Article 260(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.

C. On April 23, 2018, the indictment of this case, the injured party, after the prosecution of this case, shall be punished by the Defendant.

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