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(영문) 서울동부지방법원 2018.12.14 2018고단3195
폭행등
Text

Defendant

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

The above fine is imposed against the Defendants.

Reasons

Criminal facts

1. On September 1, 2018, at around 02:30 on September 1, 2018, Defendant A expressed his desire to “I will throw away” the victim of the assault case after receiving a report from 112 on the front of the “D” main point in Gwangjin-gu Seoul Special Metropolitan City, and the police officers belonging to the Seoul Gwangjin Police Station E District of the Gwangjin-gu Seoul Special Metropolitan Police Station confirmed the circumstances of the instant case, and even if they confirmed the circumstances of the instant case, Defendant C expressed his desire to “I will die, I will die.” In addition, Defendant G(36 years old) and H(35 years old) who belongs to the said earth group, and Defendant C was tightd one time, with G’s clothes sealed at one time, and H’s title at one time.

Accordingly, the defendant has prevented police officers from performing their legitimate duties in relation to 112 reporting management affairs.

2. Defendant B, at the same date, at the same place as described in the above paragraph 1, was sealed by the police officer G and H in his hand on the ground that he arrested Defendant B as a current offender on the ground that he was arrested by police officers G and H as a Easter A, and left the shoulder and arms of G to take a lock.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to G and H;

1. Each statement of F, I, and J;

1. A photo of damaged part of the F;

1. Application of Acts and subordinate statutes to investigation reports (on-site video viewing reports), investigation reports (to hear statements from victims of assault and reporting);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 136(1) of the Criminal Act

B. Defendant B: Article 136(1) of the Criminal Act

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a police officer G with a heavier penalty);

1. Defendants who choose punishment: Fine.

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the crime of this case committed by the Defendants constitutes assaulting the victimized police officers in the course of performing their duties, and the responsibility for the crime is not somewhat weak.

However, the Defendants committed the instant crime.

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