(영문) 수원지방법원 평택지원 2019.11.21 2019고단1009

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2019.11.21 2019고단1009

폭행등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 20, 2019, around 21:50, the Defendant assaulted the police officer on three occasions in the course of arresting a flagrant offender from E, a police officer belonging to Pyeongtaek-gu Police Station D District Unit, who was dispatched to the site after receiving 112 report due to the assault, in the front of the C Point located in Pyeongtaek-si B.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement of F and G;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. It does not focus on the degree of interference with the execution of official duties for sentencing under Article 62(1) of the Criminal Act, and it shall be taken into consideration that the defendant repents his mistake and has no record of punishment exceeding the fine.

Public Prosecution Rejection Parts

1. On June 20, 2019, the Defendant committed assaulting the victim G (the age of 38) who is an agent to arrive at the scene after coming from the Defendant’s door in front of the C store located in Pyeongtaek-si B on June 20, 2019, while having a dispute with the victim’s head and right side of the victim’s head, by hand.

2. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, it can be acknowledged that the victim expressed his/her wish not to punish the defendant on October 25, 2019, which was after the public prosecution of this case was instituted. Thus, the public prosecution against this part of the facts charged is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

참조조문

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