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(영문) 서울동부지방법원 2017.06.29 2017고단1294
폭행
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On November 1, 2016, Defendant A committed assault to the victim at one time on the part of the victim F (n, 20 years of age) (n, 20 years of age), and the part of the head (n, 20 years of age) of the victim F (n, 20 years of age) who fested next table in E, located in Gwangjin-gu Seoul Special Metropolitan City.

2. On November 2, 2016, Defendant B arrested Defendant B as a current offender on the ground that he/she reported 112 on the front road of “E” located in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Gyeongjin Police Station G G District, H and police officers of the Seoul Magjin Police Station G G District, and Defendant B arrested Defendant B as the current offender: (a) on the ground that he/she arrested Defendant B, “Woo-gu and police officers of the Mag-gu in the Republic of Korea, to put the said I body in two hands; and (b) received the head part of the said I as the head of the said I.

피고인은 계속하여 2016. 11. 2. 01:30 경 서울 광진구 J에 있는 G 지구대에서 현행 범인으로 체포되자 “ 씨 발 새끼야, 개새끼야 ”라고 하면서 발로 위 I의 다리 부위를 수회 찼다.

The Defendant continued to take over the Defendant to the G police station by carrying the patrol vehicle before the said G G belt at the same time, and the said H’s knee with the knenee’s bucks.

As above, the Defendant, who is a police official, has fulfilled his legitimate duties in relation to the arrest and management of the above I and the above H flagrant offender.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, I, and H;

1. The K's statement;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs to part of the damage caused by violence), a report on investigation (the analysis of CCTV in the earth), and a report on investigation (on-site inspection and CCTV analysis investigation);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 260(1) of the Criminal Act (elective selection)

B. Defendant B: Article 136(1) of each Criminal Act (Selection of a punishment penalty)

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendant B who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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