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(영문) 창원지방법원 진주지원 2013.07.24 2013고단644
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 20, 2013, at around 01:20, the Defendant brought an assault to the victim D (the age of 27) who is waiting for her friendship on the road in front of the Jinju-si, “C cafeteria” located in Jinju-si B, without any justifiable reason, brought an assault to the victim D (the age of 27).

피해자 D의 일행인 피해자 E(27세)이 괜한 시비에 휘말리기 싫어서 자리를 피하자 피고인은 위 E의 목 부위를 주먹으로 1회 때려 폭행하고, 이를 만류하는 피해자 D의 멱살을 양손으로 잡아 흔들어 폭행하였다.

2. The Defendant engaged in the performance of official duties in relation to the prevention and suppression of the above G crime by assaulting the Defendant on the part of the 112 patrol vehicle after arresting the Defendant as a flagrant offender with assaulting the said D and E, and taking the face of the said G one time on the part of the 112 patrol vehicle after arresting the Defendant. The Defendant spits spite and spite in the boarding patrol vehicle, etc., and obstructed legitimate performance of official duties in relation to the prevention and suppression of the above G crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of D, E, H, and G;

1. Application of the Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of each fine 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the punishment as ordered by the instant order shall be determined by taking into account the following factors: (a) the nature of the instant crime committed by assaulting persons without any justifiable reason, and assaulting police officers performing official duties is bad; (b) the Defendant is not in conflict with the victims; (c) there is no same criminal history; and (d) there is no damage inflicted by victims; and (e) there is no significant degree of damage inflicted by the victims during the trial process of the instant case.

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