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(영문) 서울서부지방법원 2018.08.28 2018고단1241
폭행등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

As seen below, the public prosecution against the defendant is dismissed, and part of the facts charged is revised to the extent that it does not infringe the defendant's right of defense.

On March 21, 2018, at around 22:20, the Defendant assaulted C in front of the exit of 33Mapo-Mapo-Mapo-Mapo-gu, Seoul, and 112, which requested the Defendant to reduce the voice of the game in front of the exit of 33Mapo-Mapo-gu, and upon receiving the 112 report, the Defendant attempted to continue to flee without asking the Defendant’s personal information. Accordingly, E intended to arrest the Defendant as the current offender of assault, and thereby interfere with the lawful performance of duties by assaulting the Defendant’s body, spiting E’s body and spiting it into E face, thereby interfering with the police officer’s lawful performance of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the first offender who has no particular criminal history; and (b) the fact that the Defendant recognized all of his/her errors; and (c) reflects them; and (d) the Defendant’s age, sex, family relationship, living environment; (b) the means and result of the crime; and (c) the punishment is determined as ordered by taking account of the various circumstances, including the following circumstances.

Rejection of Public Prosecution

1. The summary of the facts charged was 33 as Mapo-gu Seoul, on March 21, 2018, and around 21:50 on March 21, 2018

B The sound from the victim C (the 34 years of age) while playing the game with the mobile phone noise within the bus.

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