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(영문) 서울남부지방법원 2016.03.08 2015고단3409
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

The sentence of sentence against A shall be suspended.

Of the facts charged in the instant case, Defendant A.

Reasons

Criminal facts

On April 21, 2015, at the E District located in Gangseo-gu Seoul Metropolitan Government on April 21, 2015, the Defendant: (a) smoked to smoke while waiting in order to undergo the case investigation with respect to the assault case against the victim F; (b) the police officer G belonging to the said District would refrain from doing so; (c) the Defendant’s indictment was written as “abbbbbbing the bridge,” and the written indictment was written as “abreging the bat.” However, in full view of the evidence submitted, it is difficult to recognize the fact that he performed the blathing of the blath, and it is recognized that he performed the blathing of the blath.

The body fighting and the body of duty teared.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the investigation of the police officer's case and the maintenance of order in office.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning partial prosecution of the accused, or a protocol concerning the interrogation of the police;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to photographs (the teared photographs of duty interfered with the performance of official duties);

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

1. Selection of an alternative fine for punishment;

1. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing under Article 59(1) of the Criminal Act (b) of the suspended sentence, denies the charge of obstructing the performance of official duties. However, according to the evidence cited earlier, the degree of the charge was not serious.

Even if the Defendant, as stated in the facts charged, smokes the tobacco in the survey atmosphere, and takes a bath to the police officer G who restrains him/her, and her with a lar, he/she can fully recognize the fact that the police uniforms interfere with the performance of official duties, such as tearing.

However, the defendant, in relation to F's assault case, is subject to an investigation by force, even though he did not take part in the assault case.

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