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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 20, 2019, the Defendant: (a) while driving a motor vehicle in front of the road B at the Sungsung City on July 23:55, 2019, when it led to the situation where the Defendant would be subject to a penalty payment notification by regulating signal violations from the victim C (the age of 26) at the superintendent of the police station of Masungdong (the age of 26), the Defendant tried to start driving the motor vehicle on the other hand, stating that “one time is changed, the control at 12 times would be the horse,” but at the time, the Defendant tried to set up and deliver the penalty payment notification to the victim before printing out the penalty payment notification, and then assault the victim by taking three times the chest of the victim.
Summary of Evidence
1. Legal statement of the defendant C by the defendant's partial statement;
1. A protocol concerning the examination of partial police officers of the accused;
1. Application of each police statement protocol to C of video CD-related Acts and subordinate statutes;
1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act
1. The alleged defendant and his defense counsel, even though the defendant refused to receive a penalty payment notice, requested the defendant to receive a penalty payment notice without leaving the door of the vehicle driving of the defendant and continuously prevented the defendant from driving the vehicle, and the defendant committed the same act as stated in the facts charged. The victim's above act constitutes the crime of confinement and coercion, and the defendant's act constitutes a passive defense to resist such unlawful performance of official duties, and thus constitutes self-defense.
2. In addition, it is difficult to deem that the victim’s act constitutes a crime of confinement or coercion, and the victim does not intend to arrest the defendant as an offender in the act of committing an offense, but merely intends to issue a notice of payment of penalty and to give a subsequent notice thereof.