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(영문) 인천지방법원 2013.09.27 2013고정1481
폭행등
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 00:00 on July 21, 2012, the Defendant assaulted the victim’s body at the front of a bath in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, on the ground that the victim D (at the age of 53) drinks with other males on the ground that the victim D (at the age of 53) drinks with other males, making the victim’s head collection, and drinking the victim’s body several times.

2. On July 21, 2012, the Defendant of the obstruction of performance of official duties: (a) at the same place as the preceding paragraph at around 00:30 on July 21, 2012; (b) at the time when F of the Incheon Bupyeong Police Station E (a police box) sent to the scene after receiving a report of 112, “F,” sought the victim’s statement of the assault incident, such as the preceding paragraph, and sought protective measures, and prevented D from carrying the said F from taking the victim’s statement to the patrol vehicle; (c) took a bath to the said F; and (d) assault the said F F’s chest with his head; and (d) continuously interfered with the operation of the patrol vehicle by blocking D from carrying the patrol vehicle on the patrol vehicle at the front glass of the patrol vehicle at two times.

Accordingly, the defendant interfered with legitimate execution of duties concerning handling of 112 reports and maintenance of order by police officers.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Application of each statute on police statements made to D and F;

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 of the provisional payment order;

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