logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.06.30 2016고단2551
폭행등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 19, 2016, the Defendant interfered with the performance of official duties on the street in front of the “C convenience store” located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, upon receiving 112 reports with respect to the assault case between the Defendant and D, the Defendant obstructed the police officer’s legitimate performance of duties with regard to the duty of reporting 112, by assaulting the Defendant, by arresting him as a flagrant offender of the Yeonsu-gu Incheon, Yeonsu-gu, Incheon, E District Police Station Earb, and G, on the foregoing ground, by arresting him as a flagrant offender of assaulting the Defendant on the part of the patrol, taking the body of the said F in hand and taking the f face onto the patrol.

2. On April 19, 2016, the Defendant damaged public goods, at the Incheon Yeonsu-gu Integrated Police Station’s office on duty located in 138 due to the cause of Yeonsu-gu Incheon, Yeonsu-gu, Incheon, for the foregoing reason, was arrested and transferred in an act in the act of committing a crime, and the guard F of the Yeonsu-gu Incheon Police Station demanded to prepare a “written confirmation of the body of a suspect who is arrested and detained,” and read the “written confirmation of the suspect who is arrested and detained,” and damaged the public documents by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to physical examination certificates (damaged document photographs);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 141(1) of the Criminal Act (the point of impairing documents for public use) and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the recognition of and reflects on the crime by the defendant; and (b) the fact that the defendant has no record of punishment of the same kind or imprisonment without prison labor or any heavier punishment; and (c) the fact that the crime was committed by assaulting the police officer wearing the uniform and destroying the official document in the course of the investigation is disadvantageous to the contrary; and (d) other matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant’s age, sexual behavior, environment, etc., as shown in the records and arguments of this case, are considered

arrow