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(영문) 의정부지방법원 고양지원 2016.01.26 2015고단3360
공무집행방해등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

1. 폭행 피고인은 2015. 11. 15. 06:00 경 고양 시 일산 동구 B 앞 도로에서, 피고인의 친구들이 싸움을 하는 것을 피해자 C( 남, 19세) 가 지켜본다는 이유로, 피해자에게 “ 뭘 쳐다보느냐

“In the end, assaulted the victim’s face at his/her hand at three times.”

2. On November 15, 2015, around 06:15, the Defendant: (a) was arrested at the above place; (b) was in the act of assault; and (c) was arrested as an offender in the act of assault; and (d) thereby, the Defendant damaged the utility of the public goods by destroying the said patrol vehicle to take the back part of the patrol vehicle, which would be Hab to Hab off at several times, so that the repair cost would amount to KRW 268,400.

3. Around November 15, 2015, the Defendant: (a) arrested a flagrant offender on the grounds of the foregoing assault; and (b) went to the Japanese Police Station D District Unit of the Police Station D (U.S.). In that sense, the Defendant, who obstructed the performance of official duties, took care of the police officer’s face on two occasions, and interfered with the police officer’s duties, such as arresting a flagrant offender, by taking two times the police officer’s face on the face of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol made by the police to E;

1. A summary statement of victims of C;

1. A report on investigation (A report on a victim C currency);

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs (borth of violence, damage to patrol vehicles);

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 141(1) of the Criminal Act (the point of damage to goods for public use), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The crime of this case, such as assaulting a police officer who maintains social order and protects the public safety, even if the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was drinking out, shall be deemed to be inferior to the nature of the crime, the agreement with the victim, etc., or the damage cannot be deemed to have been restored.

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