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(영문) 수원지방법원 2018.06.14 2018고단1003
폭행등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a soldier belonging to the United States Armed Forces in Korea who is subject to the US Forces Status Agreement (SOPA).

1. On December 28, 2017, the Defendant, at around 23:51 on December 28, 2017, tried to leave the scene upon arrival of the police officer who received 112 report while drinking alcohol in front of the E store in Pyeongtaek-si D, and the police officer who was dissatisfied with the foregoing conduct, attempted to leave the site. The Defendant assaulted the victim by taking advantage of the victim’s face from drinking to the Defendant.

2. The Defendant interfered with the performance of official duties, at the time, at the place specified in paragraph 1, and at the place specified in paragraph 1, and who was dispatched after being reported to 112, committed assaulting the part of the I bridge belonging to the police officer of Pyeongtaek-gu Police Station G District, on the face of H by drinking, and on the bridge part of H by drinking, and tried to continuously control H and the Defendant, on the bridge part of the I bridge belonging to the same patrol group.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to I;

1. Each police statement made to H and I;

1. A written statement;

1. Reporting internal investigation (Obstruction, etc. of the performance of official duties);

1. 112 Reporting case handling table;

1. A damaged photograph, on-site photograph, and CCTV closure photograph;

1. Application of video recording CD-related Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act (the point of interference with the execution of official duties) of the relevant criminal facts;

1. Selection of each fine provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the defendant, is that the responsibility for the crime of using violence to police officers who assault and restrain other persons, is not somewhat weak. The circumstances favorable to the defendant: the crime of this case first leads the victim to get off the clothes of the defendant.

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