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(영문) 서울중앙지방법원 2020.12.10 2020고정1992
폭행등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 03:50 on August 15, 2020, the Defendant assaulted the victim C (Nam, 32 years of age) with a police officer called up with the police officer in relation to the reported case before the Gangnam-gu Seoul Hospital B hotel, on two occasions as drinking back the victim C (ma, 32 years of age).

2. The Defendant was arrested in the act of interference with performance of official duties on the grounds as mentioned in the above paragraph (1) and was transferred to the office of the Seoul Gangnam Police Station's Criminal Team in Gangnam-gu Seoul Gangnam-ro 114-ro.

At around 05:50 on August 15, 2020, the Defendant was asked to ask questions to confirm possessions from E (ma (ma, age 51) of the team leader of the Seoul Gangnam Police Station D (ma, age 51) during the process of raising disturbance at the above office. On the hand floor, the Defendant took the face of E with the hand.

Accordingly, the defendant interfered with the investigation of crimes and the legitimate execution of duties of the above E.

3. The Defendant damaged the victim’s market price equivalent to KRW 4.10,00,00 by plucking, plucking, plucking, and displaying the blag with hand, in which, at the time and place of the above paragraph (2) above, the victim E’s inner diameter facing the face from the Defendant falls into the floor.

Summary of Evidence

1. Application of the Act and subordinate statutes to the defendant's legal statement F and the written statement statement of each police statement C to E (related to the attachment of damaged objects E and estimates);

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines for the crime;

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. In full view of all the factors of sentencing as stated in the trial proceedings of this case, including the Defendant’s age, character and conduct, environment, criminal record, motive and background of the offense, means and consequence of the offense, etc., the amount of fine as stated in the summary order cannot be deemed to be unfair, and thus, the amount of fine as stated in the summary order cannot be deemed to be unreasonable.

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