(영문) 서울북부지방법원 2018.11.23 2018고단547

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(영문) 서울북부지방법원 2018.11.23 2018고단547

독직폭행등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant was appointed as a police officer on September 1, 1985, and from August 2015 to August 2015, the Defendant served as the guard assigned to the Seoul Gangnam Police Station B police box and performed his duties concerning personal arrest.

1. On May 3, 2017, the Defendant: (a) around 02:05, at around 02:05, demanded the victim to check the identity card of one of three students in his/her place after receiving a report from the victim D(49 years of age) to return to the home of his/her own.

Therefore, while the victim made a brue and conflict with each other, the defendant gets a brue of the victim's brue and the brue with the victim's shoulder and arms, and then plplle and knee with the victim's arms were divided into a brue and a brue.

Accordingly, the defendant, as a police officer, committed violence against the victim while performing his duties as a police officer.

2. The Defendant was detained in abuse of authority at the place of the preceding paragraph, and the police officers, etc., who reported the Defendant’s suppression of the victim at the time and place of the preceding paragraph without knowing the aforementioned circumstances, instructed the victim to take the arms of the victim as if he were arrested the victim as a current offender, leading the victim to the patrol vehicle, and 815 meters away from the police box located in Gangnam-gu Seoul Metropolitan Government G, and carried the victim for about 4 minutes until the police box located in Gangnam-gu G.

Accordingly, the defendant abused his official authority and detained the victim as a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, H, E, and I;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement made by each prosecutor with respect to D and H;

1. Each police statement made to I, J, and F;

1. 112 A list of reported cases;

1. Investigation report (related to telephone conversations of a wooden person) (the defendant and his defense counsel shall be the victim at the time of telephone conversation;

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